Vimal Krishnan vs The Registering Authority
2021 Latest Caselaw 11700 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                    WP(C).No.5080 OF 2021(H)


PETITIONER/S:

            VIMAL KRISHNAN
            AGED 34 YEARS
            S/O. BALAKRISHNAN, ILAMPLASSERIL HOUSE, MELAMPARA,
            PLASANAL POST, THALAPALAM, PALA, KOTTAYAM - 686 579.

            BY ADVS.
            SRI.E.C.AHAMED FAZIL
            SRI.K.Y.SAJEEB

RESPONDENT/S:

      1     THE REGISTERING AUTHORITY
            PALA, SUB REGIONAL TRANSPORT OFFICE, PALA,
            KOTTAYAM - 686575.

      2     M/S.SHAKTHI FINANCE LTD., PALA BRANCH
            1ST FLOOR, CENTURY VEE TEE ARCADE, KOTTARAMATTOM,
            PALA, KOTTAYAM - 686575, REPRESENTED BY ITS
            AUTHORIZED OFFICER.




            SR.GP BIMAL K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5080 OF 2021(H)
                                    2




                               JUDGMENT

The petitioner herein is the owner of a Ashok

Leyland Lorry bearing Registration No.KL-41-F-6292.

According to him, on 10.12.2019, the persons engaged

by the second respondent, Finance Ltd, had forcefully

and illegally taken away his vehicle. A complaint was

laid, crime was registered and after investigation, crime

was referred, evidenced by Ext.P2. A protest complaint

was filed and is now pending before the Judicial First

Class magistrate-I, Thodupuzha as CMP.No.353 of 2021,

evidenced by Extg.P3. While so, he received Ext.P4

notice under Section 51(5) of the Motor Vehicles Act,

from the first respondent directing him to surrender

Registration Certificate for cancellation of registration

and to issue fresh RC in favour of the second

respondent. He filed an objection as Ext.P5.

2 The grievance of the petitioner is that the

vehicle was illegally stolen away, without any court order

or any legal authority or any court of law. Hence, it WP(C).No.5080 OF 2021(H)

amounts to theft and consequently the RC cannot be

transferred, pursuant to Ext.P4.

3. Notice was issued to the second respondent,

who has not chosen to appear and to contest the

proceedings.

4. Heard the learned counsel for the petitioner

and the learned senior Government Pleader. After

hearing both sides, I am inclined to hold that the

allegation of the petitioner regarding theft is pending

consideration in Ext.P3. It is not for this court to

adjudicate on that issue at present Having considered

the rival contentions set up by the petitioner, I am

inclined to dispose of the Writ Petition by directing the

first respondent to consider Ext.P4 and Ext.P5 and after

giving a reasonable opportunity of being heard to the

petitioner with notice to the second respondent and pass

appropriate orders, having regard to the contentions set

up by them. Final decision shall be taken within a

period of six weeks from the date of receipt of a copy of

this judgment. The petitioner will be free to file WP(C).No.5080 OF 2021(H)

additional statement if any, within a period of ten days

from today.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.5080 OF 2021(H)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF CERTIFICATE OF REGISTRATION FOR VEHICLE BEARING NO.KL-41-F-6292 ISSUED BY REGISTERING AUTHORITY, PALA.

EXHIBIT P2 TRUE COPY OF FINAL REPORT IN CRIME NO.127 OF 2020 OF KARIMANNOOR POLICE STATION, IDUKKI DISTRICT.

EXHIBIT P3 TRUE COPY OF C.M.P.NO.353 OF 2021 (PROTEST COMPLAINT) ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I, THODUPUZHA.

EXHIBIT P4 TRUE COPY OF NOTICE DATED 06.02.2021 IN FORM 37 BY THE REGISTERING AUTHORITY, SUB REGIONAL TRANSPORT OFFICE, PALA.

EXHIBIT P5 TRUE COPY OF REPLY TO EXHIBIT P4 PREFERRED BY PETITIONER DATED 18.02.2021.

EXHIBIT P6 TRUE COPY OF APPOINTMENT LETTER CUM NOTICE DATED 20.01.2021 ISSUED BY ARBITRAL TRIBUNAL AT COIMBATORE BY SRI K. T. SIDHIQ.

   RESPONDENT'S/S EXHIBITS    NIL