Reejo S vs The Manager
2021 Latest Caselaw 2666 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

      FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                      WP(C).No.21551 OF 2020(T)


PETITIONER:

               REEJO S.
               AGED 38 YEARS
               S/O.SUDHAKARAN, THIRUVONAM, MULLILAVUVILA,
               PLANKALAVILA, KUDAYAL P.O., VELLARADA,
               THIRUVANANTHAPURAM, KERALA-695505.

               BY ADVS.
               SRI.E.D.GEORGE
               KUM.LINU G. NATH
               VYAKHARI K.U

RESPONDENTS:

      1        THE MANAGER, MUTHOOT VEHICLE AND ASSET FINANCE LTD
               CORPORATE OFFICE, 5TH AND 6TH FLOOR, MUTHOOT TOWER,
               K.P.VALLUVAN ROAD, KADAVANTRA, KOCHI-682020.

      2        WILSON K.Y.,
               AGE NOT KNOWN , S/O. NOT KNOWN, KAYYANIKKAL HOUSE,
               MINI NAGAR, MUKKATTUTHARA, NETTISERRY P.O., THRISSUR,
               PIN-680651.

      3        THE REGIONAL TRANSPORT OFFICER,
               CIVIL STATION, AYYANTHOLE P.O.,
               THRISSUR, PIN-680003.

               R1 BY ADV. SRI.SABU S.KALLARAMOOLA

               SMT MABLE C KURIAN, GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.21551 OF 2020               2




                                  JUDGMENT

The 2nd respondent purchased a car bearing registration No.KL-

08/BS 1975 by availing finance from the 1st respondent. Default was

committed and the 1st respondent initiated proceedings under the

Arbitration and Conciliation Act, 1996, and recovered the possession of the

vehicle through the process of Court. The vehicle was put up in auction and

the same was purchased by the petitioner for a sum of Rs.5,16,000/-. After

the purchase of the vehicle as aforesaid, the 1st respondent is stated to

have furnished Exhibit P4 request for issuance of fresh registration

Certificate in the name of the 1st respondent so that the vehicle can be

transferred to the petitioner thereafter. The grievance of the petitioner is

that no action has been taken by the 3rd respondent to the said request. It

is in the aforesaid circumstances that the petitioner is before this Court

seeking a direction to the 3rd respondent to change the ownership of the

vehicle to the name of the petitioner.

2. I have heard Sri. E.D. George, the learned counsel appearing for

the petitioner, Sri. Sabu Kallaramoola, the learned counsel appearing for

the 1st respondent and the learned Government Pleader.

3. Having regard to the facts and circumstances and the submissions

made across the Bar, this Writ petition is disposed of directing the 3rd

respondent to take up the application filed by the petitioner seeking

transfer of ownership and take a decision with notice to the respondents 1

and 2, expeditiously, at any rate, within a period of four weeks from the

date of production of a copy of this judgment.

The petitioner shall produce a copy of the writ petition along with the

judgment before the 3rd respondent for further action.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE sru

APPENDIX PETITIONER'S EXHIBITS:

  EXHIBIT P1             TRUE COPY OF THE R.C.BOOK.

  EXHIBIT P2             TRUE COPY OF THE QUOTATION.

  EXHIBIT P3             TRUE COPY OF THE RECEIPT OF PAYMENT MADE
                         BY THE PETITIONER

  EXHIBIT P4             TRUE COPY OF THE REQUEST SUBMITTED BY
                         THE 1ST RESPONDENT TO THE 3RD
                         RESPONDENT.

  RESPONDENTS EXHIBITS:NIL



                                           //TRUE COPY//

                                            P.A TO JUDGE