Kerala High Court
Naul Khader vs The Motor Vehicle Department, ... on 6 February, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 3566 OF 2024
PETITIONER:
NAUL KHADER
AGED 28 YEARS, PENTIUM MANOR APARTMENTS,
KARAT ROAD, NADAKAVU, KOZHIKODE,
KERALA, PIN - 673 011.
BY ADVS.
NABIL KHADER
O.A.NURIYA
MOHAMMED RAZALI K.A
RESPONDENTS:
1 THE MOTOR VEHICLE DEPARTMENT,
TRIVANDRUM, REPRESENTED BY ITS SECRETARY,
TRANSPORT COMMISSIONERATE, 2ND FLOOR,
TRANS TOWER, VAZHUTHACAUD, THYCAUD P.O,
THIRUVANANTHAPURAM., PIN - 695 014.
2 THE REGIONAL TRANSPORT OFFICE,
KOZHIKODE, REPRESENTED BY ITS REGIONAL
TRANSPORT OFFICER, GROUND FLOOR
CIVIL STATION, WAYANAD RD, ERANHIPPALAM,
KOZHIKODE, PIN - 673 020.
3 THE REGIONAL TRANSPORT OFFICE,
ERNAKULAM, REPRESENTED BY ITS REGIONAL
TRANSPORT OFFICER, 2ND FLOOR,
CIVIL STATION, KAKKANAD,
ERNAKULAM., PIN - 682 030.
BY ADV
SREEJITH V.S, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.3566 of 2024
:2:
JUDGMENT
Dated this the 6th day of February, 2024
The petitioner is RC owner of Skoda Rapid Motor
Car bearing registration number KL-11BL-0666 and the said
motor car was registered by the petitioner in the year 2018. It
is most humbly submitted that the petitioner has purchased
the said motor car availing finance provided by a financial
institution. The petitioner had entered into a hypothecation
agreement with the financial institution while availing the car
loan. In the year 2023 the petitioner paid the remaining
outstanding car loan amount. After paying off the loan, the
petitioner on 22.12.2023, applied for termination of the
hypothecation to retain the ownership of his vehicle.
2. The petitioner states that the application was
approved by the respondents on 11.01.2024 which is
evident from Ext.P1 E- Fee Receipt and Ext.P2 application
status. When the petitioner enquired about the current status
of his new R.C Book at the a Driving Licence-Registration
Certificate Printing Station, he was informed that there was a
shortage in the printing cards and since the demand has
begun to rise day by day, cards are not sufficient to meet the
current demand and further he was informed that there will
again be a expected delay of two more months or even
longer to issue his new RC Book.
3. The petitioner further submits that the petitioner is
very much in need of his new RC Book as the petitioner is
trying to sell his car as he is currently going through a huge
financial constrain. If there occurs delay in issuance of RC
book, it will deterrently affect the interest of the petitioner.
4. I have heard the learned Counsel appearing for
the petitioner and the learned Government Pleader
representing the respondents.
5. The petitioner has purchased the car availing
finance provided by a financial institution. There was a
hypothecation agreement while availing the car loan. In the
year 2023, the petitioner paid the outstanding amount
towards the car loan to the financial institution. In the
circumstances, the petitioner is entitled to get the
hypothecation status made in the RC book deleted.
In the facts of the case, the writ petition is
disposed of directing the 3rd respondent-Regional Transport
Officer to consider Ext.P1 E-fee receipt and Ext.P2
application status made by the petitioner and issue new
Registration Certificate Book showing the hypothecation as
closed. It shall be done within a period of two weeks.
Sd/-
N. NAGARESH
JUDGE
AMR
APPENDIX OF WP(C) 3566/2024
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE E-FEE RECEIPT FOR
APPLICATION NUMBER KL231222V5968014
DATED 22.12.2023.
Exhibit P2 THE TRUE COPY OF THE APPLICATION
STATUS FOR APPLICATION NUMBER
KL231222V5968014 DATED 11.01.2024.
