Kerala High Court
Sobin Mathew vs The Regional Transport Officer on 21 May, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO. 15041 OF 2023
PETITIONER:
SOBIN MATHEW,
AGED 52 YEARS
PULIYURUMBIL HOUSE, ELAMPALLY P.O.,
ANICKAD, KOTTAYAM., PIN - 685503
BY ADVS.
LAVARAJ M.G.
RESPONDENTS:
1 THE REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT OFFICE,
CIVIL STATION P.O., KOTTAYAM.,
PIN - 686002
2 SAKTHI FINANCE LIMITED.,
REGISTERED OFFICE 62,
DR. NANJAPPA ROAD,P.B. NO.3745,
COIMBATORE., PIN - 641018
3 P.A. SHAJAHAN,
AGED 65 YEARS
PARAKKAL HOUSE, P.C. KAVALA P.O.,
PAYIPAD, KOTTAYAM., PIN - 686537
BY ADVS.
N.V.VINAY
KRUSCH P.A(K/750/1999
SRI.BINOY DAVIS
SRI. J.RAMKUMAR
SRI. ARUN P. ANTONY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.15041 Of 2023
2
JUDGMENT
Dated this the 21st day of May, 2024
The petitioner is the registered owner of a Stage
Carriage vehicle bearing registration No.KL-05AN-7601. The
vehicle did not have any endorsement as relating to finance or
hire purchase.
2. The petitioner states that he had entered into an
agreement of sale of the vehicle with one Mr.Joseph Mathew,
but the same was not materialized. It was from his possession
that the vehicle was seized by the 2 nd respondent. There are
only certain private transaction with the 2nd respondent
Finance Company by the petitioner. There was no Hire
Purchase agreement or endorsement in the RC particulars of
the vehicle and the vehicle was not offered as security. There
are certain disputes between the petitioner and the 2nd
respondent relating to the amount payable in the private
WP(C) No.15041 Of 2023
transaction and the vehicle had been repossessed in a legal
manner.
3. The petitioner earlier approached this Court filing
W.P.(C) No.34477 of 2022 and this Court directed to consider
the objections raised by the petitioner relating to the attempt
on the part of the financier to get fresh RC Book. As on date
no orders are passed on the judgment in W.P.(C) No.34477 of
2022. Now, the petitioner is in receipt of a notice dated
13.04.2023 which was served on 27.04.2023 personally at his
residence. In the said notice, there is a reference of judgment
in W.P.(C) No.939 of 2023. The 3rd respondent herein had
approached this Court for consideration of his representation
for transfer of ownership of vehicle to his name. He claims
that auction was conducted and he was the successful bidder.
4. The petitioner submits that unless and until an
enquiry is conducted as to whether the vehicle is covered with
a valid Hire Purchase agreement or not, the 1st respondent
WP(C) No.15041 Of 2023
could not go ahead with the transfer proceedings, because
the same itself will be illegal, if it is found that there is no
finance transaction between the petitioner as well as the 2 nd
respondent as to the vehicle. Ext.P3 notice shows that the
judgment in W.P.(C) No.939 of 2023 was procured by the 3rd
respondent without issuing notice to the petitioner herein and
interestingly the notice does not disclose any date on which
the petitioner has to appear. Hence, the intention is only to
steal a march over the petitioner's rights.
5. The Regional Transport Officer ought to have
conducted enquiry as decided by this Court in W.P.(C)
No.34477 of 2022, contends the petitioner. Hence, the entire
exercise of the Secretary, Regional Transport Authority,
Kottayam in issuing notice to comply with the directions in
W.P.(C) No.939 of 2023 without complying with the directions
in W.P.(C) No. 34477 of 2022 is per se illegal. Hence the
petitioner challenges Ext.P3 notice in this writ petition.
WP(C) No.15041 Of 2023
6. Counsel for the 3rd respondent entered
appearance and resisted the writ petition. The 3 rd respondent
submitted that he is the auction purchaser. The 3 rd
respondent points out that the petitioner herein had filed
W.P.(C) No.34477 of 2022 directing the respondent-
Regional Transport Officer to consider Ext.P3 objection
preferred by the petitioner against issuance of fresh
Registration Certificate in the name of any Finance
Company. The said writ petition was disposed of as per
Ext.P2 judgment dated 28.10.2022 directing that if the 1 st
respondent-Regional Transport Officer receives an
application at the instance of the 2nd respondent to change
the ownership of the vehicle, the 1st respondent shall issue
notice to the petitioner. An opportunity of hearing should also
be given to the petitioner before passing any orders.
7. Subsequently, the 3rd respondent filed W.P.(C)
No.939 of 2023 before this Court against blacklisting of the
WP(C) No.15041 Of 2023
vehicle. The said writ petition was disposed of as per Ext.P4
judgment dated 24.03.2023 directing the 2nd respondent-
Regional Transport Officer therein to take up Ext.P6
application filed by the petitioner and pass appropriate
orders with notice to respondents 3 to 5. Orders were
directed to be passed within six weeks.
8. The 3rd respondent submitted that pursuant to the
judgments of this Court, the Regional Transport Officer has
issued Ext.P3 notice dated 13.04.2023, which is challenged
in this writ petition. A writ petition against a notice should not
be entertained, contended the counsel for the 3 rd
respondent.
9. Government Pleader entered appearance on
behalf of the 1st respondent and resisted the writ petition. On
behalf of the 1st respondent, it is submitted that in deference
to the judgment of this Court, notices dated 13.04.2023 have
been sent to the Finance Company, the petitioner and his
WP(C) No.15041 Of 2023
wife for personal hearing. The Financier attended the
personal hearing on 18.04.2023, but not the petitioner. After
waiting for another seven days, notices were served to the
family members of the petitioner and his wife through the
Circle Officer on 27.04.2023. But the petitioner and his wife
did not appear for the personal hearing.
10. I have heard the learned counsel for the
petitioner, the respective learned counsel appearing for
respondents 2 and 3 and the learned Government Pleader
representing the 1st respondent.
11. It is evident from the pleadings that both the
parties had approached this Court earlier raising their
grievance and this Court had delivered Exts.P2 and P4
judgments. Pursuant to the judgment in W.P.(C) No.939 of
2023, the Regional Transport Officer has issued Ext.P3
notice to the petitioner. When the Regional Transport Officer
is considering the matter pursuant to the directions given by
WP(C) No.15041 Of 2023
this Court, the said proceedings cannot be kept in abeyance
without sufficient reasons.
12. In the facts of the case, I am of the view that the
writ petition can be disposed of directing the Regional
Transport Officer, Kottayam to bring the proceedings as per
Ext.P3 to its logical conclusion after giving a hearing notice
afresh to the writ petitioner and respondents 2 and 3.
The writ petition is accordingly disposed of directing the
1st respondent-Regional Transport Officer to bring Ext.P3
proceedings to its logical conclusion within a period of one
month, after issuing notice to the petitioner and respondents
2 and 3.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) No.15041 Of 2023
APPENDIX OF WP(C) 15041/2023
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE RC PARTICULARS OF
THE VEHICLE KL 05 AN 7601 DATED
23.8.2016.
EXHIBIT P2 A TRUE COPY OF THE JUDGMENT IN WP [C]
NO. 34477/2022 DATED 28.10.2022.
EXHIBIT P3 A TRUE COPY OF THE NOTICE
NO.J6/391466/2022/K DATED 13.4.2023.
EXHIBIT P4 A TRUE COPY OF THE JUDGMENT IN WP[C]
NO.939/2023 DATED 24.3.2023.
EXHIBIT P5 A TRUE COPY OF THE OBJECTION SUBMITTED
BY THE PETITIONER DATED 29.4.2023.
RESPONDENT EXHIBITS
EXHIBIT R3 (A) A TRUE COPY OF WRIT PETITION NO.
939/2023 FILED BY ME
EXHIBIT R3 (B) A TRUE COPY APPLICATION FILED BY ME
BEFORE THE 1ST RESPONDENT
EXHIBIT R2(A) TRUE COPY OF HIRE PURCHASE AGREEMENT
DATED 31.10.2019
EXHIBIT R2(B) TRUE COPY OF LEGAL NOTICE DATED
30.07.2022 ISSUED TO THE PETITIONER
EXHIBIT R2(C) TRUE COPY OF NOTICE DATED 12.08.2023
ISSUED TO THE PETITIONER
