Kerala High Court
Toyota Financial Services India Ltd ... vs The Joint Regional Transport Officer on 2 August, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
FRIDAY, THE 2ND DAY OF AUGUST 2024 / 11TH SRAVANA, 1946
WP(C) NO. 26387 OF 2024
PETITIONER:
TOYOTA FINANCIAL SERVICES INDIA LTD NO.21
CENTROPOLIS IST FLOOR, 5TH CROSS, LANGFORD ROAD,
SANTHINAGAR, BANGALORE,, REPRESENTED BY ITS
AUTHORIZED SIGNATORY, PIN - 560025
BY ADVS.
T.A.UNNIKRISHNAN
K.K.AKHIL
T. SREELAKSHMI UNNIKRISHNAN
RESPONDENTS:
1 THE JOINT REGIONAL TRANSPORT OFFICER
OFFICE OF THE REGIONAL TRANSPORT OFFICE, KOTTAYAM.,
PIN - 686002
2 NITHIN LUKOSE
THOTTATHIL HOUSE, NEENDOOR.P.O, KOTTAYAM DISTRICT,
PIN - 686601
SRI.S.GOPINATHAN-SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.26387 OF 2024
2
JUDGMENT
The present writ petition has been filed with the following
prayers:
"i. Issue a writ of mandamus or such other writ order
or direction directing the 1st respondent to issue Fresh
Registration Certificate in the name of the petitioner, in
respect of the vehicle referred to in Exhibit P1
forthwith.
ii. Grant such other writ, order or direction as this
Hon'ble Court may deem fit and proper in the facts and
circumstances of the case."
2. The learned Senior Government Pleader submits that
the objection was raised by the 2 nd respondent - registered
owner for issuing fresh Registration Certificate in favour of the
petitioner. The 2nd respondent has filed a Writ Petition before
this Court, however there is no interim order in that petition in
respect of issuing fresh Registration Certificate in favour of the
petitioner. He further submits that in any case, the 1 st
respondent - Regional Transport Officer shall consider and pass
requisite order on Ext.P1 application filed by the petitioner in
accordance with law, preferably within a period of one month
after hearing the 2nd respondent.
WP(C) NO.26387 OF 2024
Considering the stand of the learned Senior Government
Pleader, the present Writ Petition is disposed of with direction to
the 1st respondent to consider and pass necessary orders on
Ext.P1 application filed by the petitioner for issuing fresh
Registration Certificate in favour of the petitioner, who is the
financier who finance the vehicle in possession and repossess
the same. However, if an interim order has been passed in the
pending Writ Petition filed by the 2nd respondent, the Authority
may not proceed to finalise the decision on Ext.P1 application.
DINESH KUMAR SINGH,
JUDGE
lsn
WP(C) NO.26387 OF 2024
APPENDIX OF WP(C) 26387/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE VEHICLE PARTICULARS
ISSUED FROM THE OFFICE OF THE 1ST
RESPONDENT TO THE PETITIONER DATED
3/2/2020
Exhibit P2 TRUE COPY OF THE STATUTORY APPLICATION
DATED 18/3/2020 SUBMITTED TO THE 1ST
RESPONDENT
Exhibit P3 TRUE COPY OF THE COMMUNICATION FROM THE
1ST RESPONDENT TO THE PETITIONER DATED
26.8.2023 ALONG WITH ENGLISH
TRANSLATION
RESPONDENTS EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
LSN
