Dipumon Mathew vs Sanil C.S
2021 Latest Caselaw 17338 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
         THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
                                   &
             THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
     WEDNESDAY, THE 25TH DAY OF AUGUST 2021 / 3RD BHADRA, 1943
                       WA NO. 1052 OF 2021
 AGAINST THE JUDGMENT IN WP(C) 3867/2021 OF HIGH COURT OF KERALA,
                            ERNAKULAM


APPELLANT/4TH RESPONDENT IN WPC:

          DIPUMON MATHEW
          AGED 39 YEARS,MANJAKKAL, CHERUVALLY P.O.,
          MANIMALA, KOTTAYAM DISTRICT,PIN-686 543.

          BY ADV P.KURUVILLA JACOB
RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 3 IN WPC:

    1     SANIL C.S, AGED 30 YEARS,
          S/O.SALEEM, CHENNAKKAT HOUSE, EDAVETTY P.O.,
          THODUPUZHA, IDUKKI DISTRICT,PIN-686 575.
    2     THE JOINT REGIONAL TRANSPORT OFFICER,
          SUB REGIONAL TRANSPORT OFFICE, KANJIRAPPALLY,
          KOTTAYAM DISTRICT,PIN-686 507.
    3     THE JOINT REGIONAL TRANSPORT OFFICER,
          SUB REGIONAL TRANSPORT OFFICE, PALA-668 575.
    4     THE MAGMA FINCORP. LTD.,
          JAIN TOWER, 1ST FLOOR, NH BYPASS ROAD,
          POWER HOUSE JUNCTION, VYTTILA, KOCHI,PIN-682 019.
          BY ADVS.SRI.PHILIP T.VARGHESE
          SRI.THOMAS T.VARGHESE
          SMT.ACHU SUBHA ABRAHAM
          SMT.V.T.LITHA
          SMT.K.R.MONISHA
          SMT.SHRUTHI SARA JACOB
          SRI.ALEX THOMAS
          SRI. BINOY VASUDEVAN FOR R1,
          SRI.K.P.HARISH, SR GP FOR R2 AND R3,
          SRI.S.NIRMAL


THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25.08.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.A.No.1052 of 2021
                                  2



                             JUDGMENT

Dated this the 25th day of August, 2021

S.Manikumar, C.J.

Before the writ court, the writ petitioner/first respondent

herein, has sought for a direction to the Joint Regional Transport

Officer, Kanjirappally, Kottayam District, to consider the

application submitted by the MAGMA Fincorp. Ltd., Vyttila,

Kochi (third respondent therein), for issuance of a fresh

registration certificate referred to in Exhibit P6 as expeditiously

as possible within a time frame.

2. Short facts leading to the filing of the writ petition are

as hereunder:

The inaction on the part of the Joint Regional

Transport Officer, Kanjirappally, Kottayam District, 1 st

respondent in the writ petition, in not acting on the basis

of an application for issuance of a fresh registration

certificate submitted by the 3rd respondent had compelled

the petitioner to approach this court by preferring the writ

petition. The 4th respondent in the writ petition had

purchased a Honda Amaze Car bearing registration No.KL-

05/AH-458 after availing financial assistance from the 3 rd

respondent. He did not comply with the terms of W.A.No.1052 of 2021

hypothecation agreement and finally the vehicle was

taken possession by the 3rd respondent from whom the

petitioner purchased the vehicle. The vehicle is now kept

idle from June 2019 onwards. As evident from Exhibit P6,

pursuant to the application submitted by the 3rd

respondent a report had been called for from the 2 nd

respondent. However, nothing had transpired thereafter.

In the above backdrop, this writ petition is filed, seeking

appropriate reliefs.

3. Considering the limited prayer sought for, writ court,

vide judgment in W.P.(C)No.3867 of 2021 dated 10.06.2021,

ordered thus:

"The petitioner purchased a vehicle from the 3 rd respondent who is a Financier. The 3rd respondent is stated to have been taken possession of the vehicle in question from the 4th respondent upon the 4th respondent committing default in repayment of the amounts due to the 3rd respondent. It is submitted that the 3 rd respondent has filed a statutory application for issuance of a fresh registration certificate in the name of the petitioner. It is also submitted that this application made by the 3 rd respondent is referred to in Ext.P6 communication issued by the 1st respondent to the 2nd respondent.

2. The learned counsel for the petitioner submits that the petitioner is limiting his relief for a direction to the 1st respondent to consider the application made by the 3rd respondent and pass orders thereon in accordance with W.A.No.1052 of 2021

law, after hearing the parties.

3. Though the learned counsel for the 4 th respondent seeks time to file a detailed counter affidavit, considering the limited nature of the prayer sought for in the writ petition, this writ petition is disposed of directing the 1 st respondent to consider the application filed by the 3 rd respondent for issuance of a fresh registration certificate in respect of the vehicle bearing registration No.KL 05-AH 458 in favour of the petitioner, after hearing the petitioner, the 3rd respondent and the 4th respondent. Considering the present pandemic situation, it will be sufficient if such hearing is conducted in the virtual mode. The first respondent shall take a decision on the application submitted by the 3rd respondent in the manner indicated above within a period of two months from the date of receipt of a certified copy of this judgment."

Being aggrieved, instant writ appeal is filed.

4. Though Mr.P.Kuruvilla Jacob, learned counsel for the

appellant, made submissions on the merits of the appeal, by

contending that the 3rd respondent therein is not entitled to a

fresh registration certificate, and that there has been

suppression of facts in the writ petition, we are not inclined to

interfere with the impugned judgment for the reason that a

statutory application submitted by MAGMA Fincorp. Ltd./3 rd

respondent, for issuance of a fresh registration certificate has

been directed to be considered by the Joint Regional Transport

Officer, Kanjirappally, Kottayam District, in accordance with law. W.A.No.1052 of 2021

5. That apart, Mr.K.P.Harish, learned Senior Government

Pleader submitted that after the disposal of the writ petition,

and acting on the same, the appellant/4th respondent has also

made objections to the authority and that the matter is pending

consideration. Inasmuch as the appellant/4th respondent has

acted on the directions of the writ court and already made

objections, it would not be appropriate to canvass on merits

and it is for the Joint Regional Transport Officer, Kanjirappally,

Kottayam District, competent authority, to pass orders on

merits in accordance with law, as expeditiously as possible.

In the light of the above discussion, instant writ appeal is

dismissed.

Pending interlocutory applications, if any, shall stand

closed.

Sd/-

S.Manikumar Chief Justice

Sd/-

Shaji P.Chaly Judge vpv W.A.No.1052 of 2021

APPENDIX OF WA 1052/2021

PETITIONER'S ANNEXURES

Annexure I TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 14.08.2018 ISSUED IN THE NAME OF APPELLANT RELATING TO HIS HONDA AMAZE CAR WITH REG NO.KL-05-AH-458, INDICATING HIS LOAN LIABILITY WITH 4TH RESPONDENT. Annexure II TRUE COPY OF THE WORK ORDER SHEET DATED NIL ISSUED FROM VISION HONDA SERVICE CENTRE AT NATTAKAM WHILE ENTRUSTING APPELLANT'S VEHICLE FOR PERIODICAL SERVICE ON 14.09.18. Annexure III TRUE COPY OF THE RECEIPT DATED 14.09.18 ISSUED FROM HONDA VISION MOTORS PVT. LTD. AT NATTAKAM FOR RECEIVING RS 10,244/- FOR EXTENDING THE WARRANTY OF APPELLANT'S AFORESAID VEHICLE.

Annexure IV TRUE COPY OF 2ND RESPONDENT'S NOTICE SENT TO APPELLANT WITH INCOMPLETE DATE AND RECEIVED BY THE APPELLANT FROM CHERUVALLY POST OFFICE ON 09.11.20.

Annexure V TRUE COPY OF APPELLANT'S OBJECTION DATED 12.11.20 SUBMITTED TO 2ND RESPONDENT. TRUE ENGLISH VERSION OF ANNEXURE V OBJECTION Annexure VI TRUE COPY OF NOTICE DATED 26.09.19 OF 2ND RESPONDENT COMMUNICATION TO THE APPELLANT IN RESPONSE TO APPELLANT'S APPLICATION DATED 15.11.19 SUBMITTED UNDER THE RIGHT TO INFORMATION ACT Annexure VII TRUE COPY OF THE CHARGE MEMO DATED 07.12.19 ISSUED TO APPELLANT FROM THE MOTOR VEHICLES DEPARTMENT RELATING TO APPELLANT'S VEHICLE COVERED BY ANNEXURE I DOCUMENT.

TRUE ENGLISH VERSION OF ANNEXURE-VII DOCUMENT

TRUE COPY

P.A. TO JUDGE