Citation : 2024 Latest Caselaw 23095 Ker
Judgement Date : 1 August, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
THURSDAY, THE 1ST DAY OF AUGUST 2024 / 10TH SRAVANA, 1946
WP(C) NO. 27445 OF 2024
PETITIONER:
PAREETH K M
AGED 43 YEARS
S/O. MAMMUKKUTTY, KATTAMALA (H), NADAKKAL P. O,
ERATTUPETTA KOTTAYAM ., PIN - 686121
BY ADVS.
B.PRAMOD
ATHUL M.V.
RESPONDENTS:
1 THE JOINT-REGIONAL TRANSPORT OFFICER (JRTO)
SUB REGIONAL TRASPORT OFFICE, PONKUNNAM P.O.,
KANJIRAPALLY, KOTTAYAM, PIN - 686506
2 SUNADARAM FINANCE LIMITED
KOTTAYAM RETAIL BRANCH, 1ST FLOOR, KAITHARA COMPLEX
UNION CLUB JUNCTION, KOTTAYAM, REPRESENTED BY ITS
MANAGER., PIN - 686001
3 ASHA JOSHI
W/O. JOSHI P.V PROPRIETOR, J.J MARKETING, 1ST
FLOOR, 1378 D, MADATHIL K K ROAD, KANJIRAPALLY P.O,
KOTTAYAM., PIN - 686507
SRI. S. GOPINATHAN-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.08.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.27445 OF 2024
2
JUDGMENT
The present writ petition has been filed with the following
prayers:
"(i) Issue a writ of mandamus or any appropriate writ, order or direction commanding the 1st respondent to grant fresh Registration Certificate as sought for in Ext. P-2 application within the shortest possible time which may be fixed by this Hon'ble court;
(ii) Grant such other reliefs as this Hon'ble Court deems fit and proper;
(iii) Dispense with the translation of the documents produced in the Vernacular Language."
The 1st respondent, Joint Regional Transport Officer is
directed to take decision on the application of the petitioner for
issuing fresh Registration Certificate in Ext.P2, in accordance
with law, after issuing notice for hearing to the 2 nd and 3rd
respondents. If the decision for issuing of new Registration
Certificate to the petitioner, who is said to be the auction
purchaser of the vehicle bearing registration No.KL34 H 5215 is
to be taken expeditiously, preferably within a period of one WP(C) NO.27445 OF 2024
month from the date of submission of the order before the 1 st
respondent.
In view thereof, the present Writ Petition is disposed of.
Sd/-DINESH KUMAR SINGH, JUDGE lsn WP(C) NO.27445 OF 2024
APPENDIX OF WP(C) 27445/2024
PETITIONER EXHIBITS Exhibit P-1 A TRUE COPY OF THE INTIMATION DATED 04.09.2023 SUBMITTED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT ABOUT THE REPOSSESSION OF THE VEHICLE. Exhibit P-2 A TRUE COPY OF THE APPLICATION DATED 04.09.2023 FOR ISSUANCE OF A FRESH CERTIFICATE OF REGISTRATION SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT.
Exhibit P-3 A TRUE COPY OF THE LETTER DATED 09.11.2023 ISSUED BY THE 2ND RESPONDENT ORDERING RELEASE OF THE VEHICLE TO THE PETITIONER.
Exhibit P-4 A TRUE COPY OF THE JUDGEMENT DATED 23.01.2024 IN WP(C) NO. 40015 OF 2023 Exhibit P-5 A TRUE COPY OF THE I. A. NO. 2/2024 IN O. S. NO. 59/2024 ON THE FILES OF THE MUNSIFF'S COURT, KANJIRAPALLY. RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
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