Kerala High Court
The Hinduja Leyland Finance ... vs The Registering Authority on 9 April, 2021
W.P.(C) No.5176/2021 & 3661/2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 9TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943
WP(C).No.5176 OF 2021(V)
PETITIONER:
THE HINDUJA LEYLAND FINANCE LIMITED,
2ND FLOOR, AMBILI BUILDING, WARRIAM ROAD, KOCHI-
682016, REPRESENTED BY POWER OF ATTORNEY HOLDER,
SRI. ARUN DAVIS , KARIM'S BUILDING, DOOR
NO.39/2903, WARRIAM ROAD, KOCHI-682016.
BY ADV. SRI.I.DINESH MENON
RESPONDENTS:
1 THE REGISTERING AUTHORITY
VADAKARA, REGIONAL TRANSPORT OFFICER, CIVIL STATION
P.O., VADAKARA-673101.
2 LAJIMA P.M.,
W/O. AJAYA KUMAR, PADINJAREVADAKKEDATH HOUSE,
MADAPPALLY COLLEGE P.O., VADAKARA, KOZHIKODE.
R2 BY ADV. SMT.P.ASHA
R2 BY ADV. SMT.M.VANAJA
GOVT.PLEADER BIMAL K.NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26-03-2021, ALONG WITH WP(C).3661/2021(G), THE COURT ON 09-04-
2021 DELIVERED THE FOLLOWING:
W.P.(C) No.5176/2021 & 3661/2021 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 9TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943
WP(C).No.3661 OF 2021(G)
PETITIONER:
LAJIMA P.M.
W/O P.AJAYAKUMAR, PADINHARE VADAKKEDATH HOUSE,
MADAPPALLI COLLEGE, ONCHIYAM, VADAKARA, KOZHIKODE-
673 102.
BY ADV. SMT.P.ASHA
RESPONDENTS:
1 THE REGIONAL TRANSPORT OFFICER
COLLECTORATE P.O.VADAKARA-673 101.
2 THE REGIONAL TRANSPORT OFFICER,
COLLECTORATE P.O.KANNUR-670 002.
3 THE HINDUJA LEYLAND FINANCE LIMITED,
2ND FLOOR, AMBILY BUILDING, WARRIAM ROAD, COCHIN-
682 016.
R3 BY ADV. SRI.PRAMOJ ABRAHAM
R3 BY ADV. SMT.SARANYA CHANDRAN
GOVT.PLEADER SRI.K.P.HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26-03-2021, ALONG WITH WP(C).5176/2021(V), THE COURT ON 9-04-
2021 DELIVERED THE FOLLOWING:
COMMON JUDGMENT
[ WP(C).5176/2021, WP(C).3661/2021 ]
Dated this the 9th day of April 2021
The petitioner in W.P.(C) No.5176/2021 is a finance company dealing with
automobile financing. They had financed a stage carriage number KL 18 R 5664
owned by the second respondent. The installments due were regularly remitted
but after some time default was committed. Possession of the vehicle was taken
with notice to the second respondent in 2018. RC owner had refused to
handover the original RC book. Thereafter, since amount was not repaid in spite
of long lapse of time, the petitioner applied for fresh RC under section 51(5)
evidenced by Ext.P2. It seems that no order has been passed by the first
respondent RTO in spite of long delay on a premise that RC owner has raised
an objection regarding issuance of fresh RC. Hence the writ petition is filed for a
direction to the first respondent to issue fresh RC .
2. The second respondent in W.P.(C) No.5176/2021 is the writ petitioner in
W.P.(C) No.3661/2021. She is the RC owner of the vehicle involved in the above
writ petition. The writ petitioner in W.P.(C) No. 5176/2021, the financier, is the
third respondent in this writ petition. The case of the petitioner is that, the stage
carriage which was purchased had a loan availed from the third respondent
financier. The petitioner was remitting the installment regularly. Thereafter, the
third respondent demanded huge amounts from the petitioner which was
declined. She insisted for a statement of account being given, which was
W.P.(C) No.5176/2021 & 3661/2021 4
refused. Hence, there was some delay in payment. The third respondent
illegally seized the vehicle and an intimation was issued to the RC owner on
23/5/2018. In the above background, she issued an objection against granting
fresh RC to the financier. This writ petition was filed contending that condition
No.5 contained in Section 55 of the Motor Vehicles Act are not complied with. It
was further contended that, Ext.P7 issued by the first respondent for
surrendering the RC Book was improper and liable to be quashed.
3. Heard Mr.Dinesh Menon, the learned counsel for the petitioner in W.P.
(C)5176/2021, Mr.Pramoj Abraham appearing for the third respondent in W.P.(C)
No.3661/2021, Adv.P.Asha for the writ petitioner in W.P.(C) 3666/2021 and the
learned senior Government Pleader, Mr.Bimal Nath appearing for the RTO.
4. It seems that the vehicle was under finance, that default was committed
and that financier had taken possession are not in dispute. Though the financier
claimed that it was taken possession legally, it was vehemently opposed by the
RC owner. However, this court is not expected to go into that question in this
proceedings. Admittedly, an application for issuance of fresh RC is pending
before the first respondent RTO. It is also evident that the possession was taken
some time in 2018, no purpose will be served nor the interest of either party
protected by keeping the above issue pending. I feel that the RTO is liable to
hear both sides , the financier as well as the original RC owner for the
consideration of Ext.P2 application, filed by the petitioner in W.P.
(C)No.5176/2021. After giving a reasonable opportunity to both sides to appear
and contest and to adduce evidence if required, the RTA shall take appropriate
decision in accordance with law, within an outer limit of six weeks from the date
of receipt of a copy of this judgment. It is made clear that if intimation of transfer
of ownership is granted in favour of the W.P.(C) No. 5176/2021, RC shall be
issued to the writ petitioner on a condition that, the financier shall remit all the
tax arrears that are due till now. The claim of both the writ petitioners shall be
considered accordingly.
The writ petitions are disposed of as above.
Sd/-
SUNIL THOMAS
dpk JUDGE
W.P.(C) No.5176/2021 & 3661/2021 6
APPENDIX OF WP(C) 5176/2021
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RC BOOK OF THE VEHICLE KL-
18 R 5664.
EXHIBIT P2 TRUE COPY OF THE REQUEST DATED 27.1.2021.
W.P.(C) No.5176/2021 & 3661/2021 7
APPENDIX OF WP(C) 3661/2021
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE R.C BOOK WITH ITS NO KL
18/R 5664
EXHIBIT P2 TRUE COPY OF THE INTIMATION ISSUED BY THE
3RD RESPONDENT DATED 19.5.2018
EXHIBIT P3 TRUE COPY OF THE INTIMATION ISSUED BY THE
3RD RESPONDENT DATED 23.5.2018
EXHIBIT P4 TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER DATED 6.2.2020
EXHIBIT P5 TRUE COPY OF THE POSTAL RECEIPT DATED
6.2.2020
EXHIBIT P6 TRUE COPY OF THE POSTAL RECEIPT DATED
6.2.2020
EXHIBIT P7 TRUE COPY OF THE ORDER ISSUED BY THE 1ST
RESPONDENT DATED 2.2.2021
EXHIBIT P8 TRUE COPY OF THE REQUEST FILED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT DATED
2.2.2021
EXHIBIT P9 TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER BEFORE THE 1 AND 2ND RESPONDENTS
DATED 10.2.2021
