The Manager vs The Secretary
2022 Latest Caselaw 7551 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                       WP(C) NO. 20546 OF 2022
PETITIONER:

           THE MANAGER
           TRUE VALUE,
           INDUS MOTOR COMPANY PRIVATE LTD MUTTIL SOUTH,
           VARIYAD, MEENANGADI,
           WAYANADU - 673 122.

           BY ADVS.
           SRI. PRASAD CHANDRAN
           SRI. P.R. AJITH KUMAR


RESPONDENTS:

    1      THE SECRETARY
           REGIONAL TRANSPORT AUTHORITY,
           WAYANAD (REGISTERING AUTHORITY),
           CIVIL STATION, KALPETTA,
           PIN - 673 121.
    2      SHAFEEQUE,
           S/O. EBRAHIM, KUTHINI HOUSE,
           CHENNALODE P. O.,
           WAYANAD DISTRICT,
           PIN - 673 122.
    3      NOUFAL MUNEER,
           S/O. SAIDH, MANNILKUNNIL VEEDU,
           MUTTIL NORTH, MEENANGADI,
           WAYANAD DISTRICT,
           PIN - 673 122.

           SRI. JIMMY GEORGE - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.20546 OF 2022

                                2




                             JUDGMENT

The petitioner is an authorised service provider

of Maruti vehicles in the State of Kerala. The 2 nd

respondent is the registered owner of a Maruti car

bearing Registration No.KL-12K-3880. The 2 nd

respondent approached the petitioner to sell his car

and the petitioner purchased the said car after paying

its entire value. It is submitted by the petitioner

that, though the records in respect of the said vehicle

along with the requisite forms for transfer of

registration (Exts.P2 and P3) were handed over to

the petitioner, later the forms were found to be

fabricated. In such circumstances, the petitioner

submitted Ext.P5 application before the 1 st

respondent for issuance of duplicate registration WP(C).No.20546 OF 2022

certificate in respect of the vehicle KL-12-K-3880.

The petitioner has filed this writ petition for a

direction to the 1st respondent to consider the

application of the petitioner for issuance of duplicate

certificate in terms of Section 55 (5) of the the Motor

Vehicles Act, 1988.

2. Heard the learned counsel for the petitioner

and the learned Government Pleader for the 1 st

respondent. In the nature of the directions I propose

to issue, notice to respondents 2 and 3 is dispensed

with.

3. In the facts and circumstances of the case

and the submissions made before the Court, there

will be a direction to the 1st respondent to consider

Ext.P5 application of the petitioner for issuance of

duplicate registration certificate, in accordance with

law, after hearing the petitioner and respondents 2

and 3, within a period of two months from the date of WP(C).No.20546 OF 2022

receipt of a copy of this judgment. It is made clear

that, this Court has not expressed any opinion on the

merits of Ext.P5 application pending before the 1 st

respondent.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SPR WP(C).No.20546 OF 2022

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED RESPECT OF MOTOR CAR KL-12/K- 3880.

EXHIBIT P2 TRUE COPY OF FORM NO.29 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF FORM NO.30 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF FIR IN CRIME NO.87/2020 OF MEENANGADI POLICE STATION.

EXHIBIT P5 TRUE COPY OF APPLICATION DATED 13-01-

                         2022   SUBMITTED    BEFORE    THE   1ST
                         RESPONDENT.

     RESPONDENTS EXHIBITS:    NIL.