Kerala High Court
Eram Motors Pvt. Ltd vs Chandrika on 3 November, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY,THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
WA NO. 1527 OF 2017
AGAINST THE JUDGMENT DATED 05.04.2017 IN W.P.(C) 897/2017
OF HIGH COURT OF KERALA
APPELLANT/3RD RESPONDENT:
ERAM MOTORS PVT. LTD.
KAKKAVAYAL BRANCH,
MUTTIL, WAYANAD DISTRICT,
PIN-673122
REPRESENTED BY MR.SABU,
SALES MANAGER IN-CHARGE
BY ADVS.SRI.K.RAMAKUMAR (SR.)
SMT.ASHA BABU
SMT.R.S.ASWINI SANKAR
SRI.S.M.PRASANTH
RESPONDENTS/PETITIONER & RESPONDENTS 1, 2 & 4:
1 CHANDRIKA
AGED 54 YEARS, W/O. SASIKUMAR,
IRUTHILOTTU HOUSE, EACHOME,
ANJUKUNNU AMSOM, KAMBALAKKAD,
WAYANAD DISTRICT
2 THE JOINT REGIONAL TRANSPORT OFFICER
SUB REGIONAL TRANSPORT OFFICE,
SULTHAN BATHERY,
WAYANAD, PIN-673592
3 THE STATION HOUSE OFFICER
MEENANGADI POLICE STATION,
WAYANAD DISTRICT,
PIN-673591
W.A. No. 1527/2017
2
4 SASIKUMAR P.N.
12/557, IRUTHILOTT HOUSE,
ATHIRATHU KUNNU PO,
KENICHIRA, POOTHADI,
WAYANAD, PIN-673596
R1 BY SRI. T.M. RAMANKARTHA
R2 & R3 BY SRI. TEKCHAND, SENIOR GOVERNMENT
PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
03.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.A. No. 1527/2017
3
JUDGMENT
S. Manikumar, C.J.
Before the writ court, the petitioner in W.P.(C.) No.
897/2017 has sought for the following reliefs:-
i) Issue a writ of mandamus or an order or
direction in its nature to the 1 st Respondent to
cancel the endorsement of hypothecation in
Exhibit P3 Registration Certificate and return the
records of the said vehicle to the Petitioner
within a time to be specified by this Hon'ble
Court;
ii) Issue a writ of prohibition or an order in its
nature restraining Respondents 1 and 2 from
taking possession of the Mahindra XUV-500 W8
vehicle bearing Reg. No. KL-73-A-3005 from
the petitioner;
2. After considering the rival submissions, vide
judgment dated 05.04.2017 in W.P.(C.) No. 897/2017, writ
court ordered thus:-
"In the said view of the matter, the writ petition is
disposed of directing the first respondent to take a
decision on the application preferred by the petitioner
for cancellation of the endorsement in the certificate
of registration of the vehicle bearing No. KL-73A-
W.A. No. 1527/2017
3005, after notice to the petitioner as also the
financier. The application shall be considered
notwithstanding the pendency of the criminal case
instituted by the fourth respondent. This shall be
done within two weeks from the date of receipt of a
copy of the judgment. It is made clear that this
judgment will not preclude the third respondent or
the fourth respondent proceeding against the
petitioner and her assets for realising the loss, if any,
caused to them on account of the alleged forgery
committed by the petitioner."
3. On 01.11.2022, when writ appeal came up for
hearing, learned Senior Government Pleader submitted that
endorsement of hypothecation has been removed as early
as on 12.05.2017. Writ appeal has been filed on
22.05.2017. Having regard to the above submission, prima
facie we observed that the writ appeal itself has become
infructuous.
4. However, perusal of the directions issued,
extracted supra, shows that the writ court has made it clear
that the judgment dated 05.04.2017 in W.P.(C.) No.
897/2017 will not preclude the third respondent (the
appellant) or the fourth respondent proceeding against the
petitioner and her assets for realising the loss, if any, caused
to them on account of the alleged forgery committed by the
W.A. No. 1527/2017
petitioner. The said directions would remain intact.
Circumstances being so, we do not think anything remains
to be considered in the appeal on its merit.
Accordingly, the writ appeal is dismissed, with the
above observations.
sd/-
S. MANIKUMAR
CHIEF JUSTICE
sd/-
SHAJI P. CHALY
JUDGE
DCS/03.11.2022
