Kerala High Court
Prasanth P.G vs K Suresh Kumar on 20 June, 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
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
CON.CASE(C) NO. 1291 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN WP(C) NO.19510 OF 2023 OF HIGH
COURT OF KERALA
PETITIONER:
PRASANTH P.G
AGED 39 YEARS
S/O GOPALAN, PULINTHANATH HOUSE, ELANJI KARA, ELANJI
P.O, ELANJI VILLAGE, MUVATTUPUZHA TALUK, PIN - 686665
BY ADVS.
DILEEP VARGHESE
TESMY VARGHEESE
RESPONDENT/1ST RESPONDENT:
K SURESH KUMAR
AGED 55 YEARS
S/O NOT KNOWN TO PETITIONER, PRESENT REGIONAL TRANSPORT
OFFICER, REGIONAL TRANSPORT OFFICE, MINI CIVIL STATION,
VAZHAPILLY, MUDAVOOR P.O, MUVATTUPUZHA, PIN - 686669
BY ADV ADVOCATE GENERAL OFFICE KERALA
SRI.JUSTIN JACOB-SR.GP
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Con.Case(C) No.1291 OF 2024
2
JUDGMENT
Dated this the 20th day of June, 2024
The present contempt petition has been filed
alleging non compliance/willful disobedience of the
judgment dated 24.11.2023 passed in W.P(C)
No.19510 of 2023 by this Court.
2. This Court disposed of the said writ petition
vide the following order:
"The present writ petition has been filed under Article 226 of
the Constitution of India seeking the following reliefs:
i) Issue a writ of mandamus or order or direction to the
respondent to make enquiry on EXHIBIT P1and P3
application and intimate reply to the petitioner, in a
time bound manner or
ii) Grant such other reliefs as this honourable court
may be pleased to deem fit and proper in the
circumstances of the case.
iii) To dispense with the English translation of
vernacular documents.
2. The petitioner has filed Exts.P1 and P3 applications
for change of ownership of vehicle bearing registration No.KL-48-
C-7020 Tourist bus in favour of M/s.Manappuram Finance. As
according to the petitioner on default of making payment of the
loan amount the said vehicle was taken possession by the
Manappuram Finance on 16.06.2020. However, till date the
ownership of the said vehicle has not been got transferred in
Con.Case(C) No.1291 OF 2024
favour of M/s.Manappuram Finance or in favour of the subsequent
purchaser.
3. Thus, the present writ petition is disposed of with a
direction to the respondent to consider and pass necessary orders
on Exts.P1 and P3 applications, expeditiously, preferably within a
period of one month in accordance with law.
With the aforesaid direction, the writ petition stands finally
disposed of."
3. The learned Government Pleader submits that
this Court directed the respondent to take necessary
decision on Exts.P1 and P3 applications of the
petitioner expeditiously. The respondent ie, the Joint
Regional Transport Officer has taken decision on the
applications of the petitioner vide the order dated
30.05.2024, which would read as under:
"PROCEEDINGS OF THE JOINT REGIONAL TRANSPORT
OFFICER, MUVATTUPUZHA
(Present : C.Chandrabhanu)
Sub : Motor Vehicles Dept - Vehicle Registration No.KL48C7020-
Judgment in WP(C) 19510/2023 - complied with -
Proceedings issued - Reg.
Read :
1. Application received in this office on 02.03.2023 and
26.04.2023 from Sri.Prasanth P.G, Pullinthanathu,
Elanji P.O
Con.Case(C) No.1291 OF 2024
2. Judgment in WP (C) 19510/2023 filed by Sri.Prasanth
P.G before the Hon'ble High Court of Kerala.
3. LetterNo.S5/KL48C7020/EM/2023 addressed to
manappuram Finance Ltd dated 20.02.2024.
ORDER NO.S5/KL48C7020/EM/2023 dated 30.05.2024
Vide reference 2 read above, in order to comply with the judgment
of the Hon'ble High Court of Kerala, considered the applications
submitted by Sri.Prasanth P.G, the owner of the vehicle bearing
Regn. No.KL48C7020 and invited for a personal hearing and
appeared for hearing on 13.02.2024. At the time of personal
hearing, the registered owner produced a copy of the letter given
by Manappuram Finance to him in writing showing that the said
vehicle is repossessed by the financier with effect from
13.06.2020. On the basis of that, a letter was issued to
Manappuram Finance Limited as per reference 3 from this office
informing them to pay the tax arrears from the date of possession
of the vehicle by the finance institution and to apply for Fresh RC.
Transfer of ownership of a vehicle shall be effected only when
records of the vehicle shall be validated and application shall be
submitted in prescribed form with appropriate fee. Here, in the
case of the vehicle bearing registration number KL48C7020,
records are not current and application not submitted.
Hence, In the above circumstances, I, the Joint Regional
Transport Officer, Muvattupuzha, hereby disposed of your
application vide reference 1st informing you the above facts."
4. As the decision has been taken on the
applications of the petitioner, this contempt petition is
wholly misconceived.
Con.Case(C) No.1291 OF 2024
Therefore, the Contempt Petition is hereby
dismissed.
Sd/-
DINESH KUMAR SINGH
JUDGE
AP
Con.Case(C) No.1291 OF 2024
APPENDIX OF CON.CASE(C) 1291/2024
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF JUDGEMENT DATED
24.11.2023 IN WP(C)NO.19510/2023
Annexure A2 TRUE COPY OF LETTER SENT BY PETITIONER TO
RESPONDENT DATED 23.01.2024
Annexure A3 TRUE COPY OF POSTAL RECEIPT OF ANNEXURE A1
DATED 25.01.2024
RESPONDENT ANNEXURES
Annexure R1(a) TRUE COPY OF THE PROCEEDINGS DATED
30.5.2024 OF THE JOINT RTO , MUVATTUPUZHA.
