Kerala High Court
Cholamandalam Investment And ... vs The Regional Transport Officer on 8 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943
WP(C).No.27490 OF 2020(I)
PETITIONER:
CHOLAMANDALAM INVESTMENT AND FINANCE CO. LTD.
HAVING ITS REGISTERED OFFICE AT DARE HOUSE, NO.2,
N.S.C BOSE ROAD, PARRYS, CHENNAI, 600 001, AND HAVING
ITS REGIONAL OFFICE AT SECOND FLOOR, THEKKEKARA
COMMERCIAL CENTRE, PADIVATTOM, KOCHI 682 024,
REPRESENTED BY ITS AUTHORIZED SIGNATORY, T.P. NAVEEN,
S/O.LATE NARAYANAN, AGED 45 YEARS, AREA LEGAL
MANAGER, (KERALA).
BY ADV. SRI.BINOY VASUDEVAN
RESPONDENTS:
1 THE REGIONAL TRANSPORT OFFICER
REGIONAL TRANSPORT OFFICE, IDUKKI, PAINAVU P.O,
IDUKKI DISTRICT, 685 603.
2 ANIL KUMAR,
S/O. GOPALAN, PARATHAZHATHU HOUSE, PARATHODU P.O,
IDUKKI DISTRICT, 685 604.
3 THOMAS AUGUSTINE,
S/O AUGUSTINE THOMAS, 12/131-VATTAMKAVALAKKAL HOUSE,
MANKUVA P.O, CHINNAR, IDUKKI DISTRICT, 685 604.
OTHER PRESENT:
SR.GP BIMAL K NATH,SRI.LIJU M.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.27490 OF 2020(I)
2
JUDGMENT
Dated this the 8th day of April 2021
The petitioner who is the financier has approached
this Court contending that his application for endorsing
the transfer on the RC book which was submitted to the
Transport Authority evidenced by Ext.P7 has not been
considered inspite of considerable delay. The third
respondent was the original RC owner, from whom the
second respondent claims to have purchased it.
2. Service is complete. Mr. Laiju M.P. appeared
for the second respondent. It was submitted by the
learned Counsel that the second respondent is now
confined to jail having been involved in a criminal case.
3. The limited prayer sought by the petitioner is
for a direction to the first respondent to dispose of
application evidenced by Ext.P7.
4. The learned Senior Government Pleader on
instructions submitted that the application is not filed in
Form 34 as prescribed. The learned Counsel for the
WP(C).No.27490 OF 2020(I)
petitioner submitted that proper application can be
made and prescribed fee remitted along with original
registration certificate. Accordingly, the writ petition is
disposed of directing that if such application duly filled
up is produced in continuation of Ext.P7, within 15 days
from today, the authority shall take up, consider and
pass appropriate orders, if required, in accordance with
law after giving notice to the objectors if any, within a
period of four weeks from the date of receipt of such
application as above.
The writ petition is disposed of as above.
Sd/-
SUNIL THOMAS
JUDGE
SKP/9-4
WP(C).No.27490 OF 2020(I)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE 2ND RESPONDENT FOR AVAILING THE LOAN.
EXHIBIT P2 TRUE COPY OF THE REGISTRATION CERTIFICATE
OF THE VEHICLE BEARING REGISTRATION NO. KL-
6G-4162 STANDS IN THE NAME OF THE 3RD
RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE CHEQUE DATED 08.02.2019
ISSUED BY THE PETITIONER TO THE 3RD
RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE DETAILS OF THE VEHICLE
SHOWN IN THE NATIONAL REGISTER E-SERVICES
(VAHAN).
EXHIBIT P5 TRUE COPY OF THE COMPLAINT GIVEN BY THE
MANAGER OF THE ADIMALY BRANCH OF THE
PETITIONER BEFORE THE STATION HOUSE
OFFICER, ADIMALY POLICE STATION ON
27.11.2020.
EXHIBIT P5A TRUE COPY OF THE RECEIPT EVIDENCING EXHIBIT
P5 ISSUED BY THE ADIMALY POLICE STATION.
EXHIBIT P6 TRUE COPY OF THE REQUEST DATED 28.11.2020
PREFERRED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT.
EXHIBIT P6 A TRUE COPY OF THE POSTAL RECEIPT EVIDENCING
SUBMISSION OF EXHIBIT P6.
EXHIBIT P7 TRUE COPY OF THE E-FEE RECEIPT DATED
23.11.2020 FOR ENDORSING THE NAME OF THE
FINANCIER IN THE REGISTRATION CERTIFICATE.
RESPONDENTS'S EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
