Shanifa S vs The Joint Rto, Punalur
2023 Latest Caselaw 3188 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

 THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                  WP(C) NO. 10058 OF 2023
PETITIONER/S:

             SHANIFA S
             AGED 36 YEARS
             W/O.SUDHEER, AJMAL MANZIL, ELAVARAMKUZHI,
             VILAKKUPARA P.O, ANCHAL, KOLLAM., PIN - 691312.

             BY ADVS.
             SAJU J PANICKER
             KURIAN K JOSE
             SREEJITH.R
             ASHA G.V.

RESPONDENT/S:

    1        THE JOINT RTO, PUNALUR
             SUB REGIONAL TRANSPORT OFFICE, PUNALUR, KOLLAM,
             PIN - 681331.

    2        THE AUTHORISED OFFICER
             INDUSIND BANK LTD, CFD, 1ST FLOOR, JAIN TOWER-2,
             VARAPUZHA ROAD, NEAR RAILWAY BRIDGE, EDAPPALLY,
             KOCHI, PIN - 682024.



             SRI.T R RENJITH, SR GP
             SRI.VARGHESE C KURIAKOSE
     THIS WRIT PETITION          (CIVIL) HAVING COME UP    FOR
ADMISSION ON 23.03.2023,         THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.10058 of 2023               2




                                     JUDGMENT

This writ petition is filed seeking the following reliefs:-

(i) issue a writ of mandamus or any other appropriate writ, order directing the 1st respondent to consider Ext.P4 representation, after affording the petitioner an opportunity of hearing and to pass appropriate orders in accordance with law.

(ii) issue a writ of mandamus or any other appropriate writ, order directing the 1st respondent not to change the registration of vehicles bearing numbers KL-25-N-6373 and KL-25-N-2234, until the Ext.P4 representation is considered as above.

2. When the matter is taken up for consideration, Sri. Saju J.

Panicker, the learned counsel appearing for the petitioner, submits that his

limited request is for expeditious consideration of Ext.P4 representation

with notice to the petitioner.

3. The learned Counsel appearing for the 2nd respondent

submits that huge amounts are outstanding from the petitioner to the

bank, and it is in the aforesaid circumstances that the request was made

in accordance with the provisions of the Act for change of registration. It

is submitted that if directions are issued to consider Ext.P4 representation,

the 1st respondent be directed to hear the 2nd respondent as well.

4. The learned Government Pleader submits that if Ext.P4

representation is pending and is in order, the same can be taken up and

disposed of within a period of two months with regard to the vehicle

bearing Nos.KL-25-N-6373 and KL-25-N-2234.

5. Having regard to the facts and circumstances and the

submissions made across the bar, this writ petition is disposed of,

directing the 1st respondent to consider Ext.P4 representation and take a

decision with notice to the petitioner and the 2nd respondent before

proceeding to consider the request made by the 2nd respondent to

change of registration. However, it is made clear that if orders have

already been passed on the request made by the 2nd respondent, the

directions above will not have any application.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

Sru

APPENDIX OF WP(C) 10058/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE JUDGMENT DATED 1.09.2022 IN WP(C)NO. 27764/2022, WP(C )NO. 24153/2022 AND WP(C)NO. 28199/2022 OF THE HON'BLE HIGH COURT.

Exhibit P2 THE TRUE COPY OF THE LETTER SENT BY THE 1ST RESPONDENT DATED 15.02.2023 FOR VEHICLE BEARING REG NO: KL 25/N 6373.

Exhibit P3 THE TRUE COPY OF THE LETTER SENT BY THE 1ST RESPONDENT DATED 15.02.2023 FOR VEHICLE BEARING REG NO: KL 25/N 2234.

Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED 13/03/2023 SENT BY THE PETITIONER TO THE 1ST RESPONDENT.

Exhibit P4(a) THE TRUE COPY OF THE RECEIPT DATED 13.03.2023 ISSUED BY THE 1ST RESPONDENT.

RESPONDENTS EXHIBITS : NIL