Kerala High Court
Sanil.C.S vs The Joint Regional Transport ... on 10 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 10TH DAY OF JUNE 2021 / 20TH JYAISHTA, 1943
WP(C) NO. 3867 OF 2021
PETITIONER:
SANIL.C.S
AGED 30 YEARS
S/O. SALEEM, CHENNAKKAT HOUSE, EDAVETTY P.O., THODUPUZHA,
IDUKKI DISTRICT-685588.
BY ADV BINOY VASUDEVAN
RESPONDENTS:
1 THE JOINT REGIONAL TRANSPORT OFFICER,
SUB REGIONAL TRANSPORT OFFICE, KANJIRAPPALLY, KOTTAYAM
DISTRICT-686507.
2 THE JOINT REGIONAL TRANSPORT OFFICER,
SUB REGIONAL TRANSPORT OFFICE, PALA-668575.
3 THE MAGMA FINCORP LTD.,
JAIN TOWER, 1ST FLOOR, NH BYPASS ROAD, POWER HOUSE
JUNCTION, VYTTILA, KOCHI-682019.
4 DIPUMON MATHEW,
MANJAKKAL, CHERUVALLY P.O., MANIMALA, KOTTAYAM DISTRICT-
686543.
BY ADVS.
SRI.PHILIP T.VARGHESE
SRI.P.KURUVILLA JACOB
SRI.THOMAS T.VARGHESE
SMT.ACHU SUBHA ABRAHAM
SMT.V.T.LITHA
SMT.K.R.MONISHA
SMT.SHRUTHI SARA JACOB
OTHER PRESENT:
SMT. DEEPA NARAYANAN GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.3867/2021 2
JUDGMENT
The petitioner purchased a vehicle from the 3 rd respondent who is
a Financier. The 3 rd respondent is stated to have been taken possession
of the vehicle in question from the 4 th respondent upon the 4th
respondent committing default in repayment of the amounts due to the
3rd respondent. It is submitted that the 3rd 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 3rd 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 1 st respondent to
consider the application made by the 3 rd respondent and pass orders
thereon in accordance with 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 1st 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 3 rd 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 3 rd
respondent in the manner indicated above within a period of two
months from the date of receipt of a certified copy of this judgment.
sd/-
GOPINATH P.
JUDGE
acd
APPENDIX OF WP(C) 3867/2021
PETITIONER ANNEXURE
EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE
OF THE VEHICLE BEARING REGISTRATION NO.KL-
05-AH 458 SHOWING THE NAME OF THE
REGISTERED OWNER AS ABRAHAM CHERIAN.
EXHIBIT P2 TRUE COPY OF THE LETTER DATED 3.6.2019
ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE BANK STATEMENT FOR THE
RELEVANT PERIOD OF THE PETITIONER'S
ACCOUNT.
EXHIBIT P4 TRUE COPY OF THE NO OBJECTION CERTIFICATE
ISSUED BY THE 3RD RESPONDENT DATED
11.6.2019.
EXHIBIT P5 TRUE COPY OF FORM NO.35 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE LETTER NO.34/3080/2019
DATED 13.10.2020 SENT BY THE 1ST
RESPONDENT TO THE 2ND RESPONDENT.
