Disposed

Rajesh V.N. v. Joint Regional Transport Officer

Kerala HC7 Oct 2020WP(C)/12937/2020

Case brief

AI extract

What is this about?

The court disposed of a writ petition seeking issuance of a fresh registration certificate for an auctioned vehicle. It directed the Transport Officer to consider such an application if the financier, the current registered owner or a fresh owner, subtits one, giving notice to the previous owner.

What did the court decide?

Directions to consider an application for fresh registration certificate if submitted by the 2nd respondent, with notice to the 3rd respondent.

Rajesh V.N. Vs Joint Regional Transport Officer — Motor Accident Claims | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SATHISH NINAN

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WEDNESDAY, THE 07TH DAY OF OCTOBER 2020 / 15TH ASWINA, 1942

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WP(C).No.12937 OF 2020(N)

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PETITIONER:

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RAJESH V.N.

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S/O. NARAYANAN NAIR, VARICKAKKAI, EDAVETTI, KARAKODE, THODUPUZHA TALUK,IDUKKI-685 588

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BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.H.

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RESPONDENTS:

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1 JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, KATTAKADA, THIRUVANANTHAPURAM DISTRICT-695 572

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2 M/S. CHOLAMANDALAM INVESTMENTS FINANCE COMPANY, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS BRANCH MANGER-695 121

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3 SATHEESAN.R. S/O.RAMACHANDRAN, ANANTHAPADMAM, MULAMPALLY KONAM, KARINGAL MARANALOOR, KANDALA, THIRUVANANTHAPURAM DISTRICT-685 512

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R1 BY SR.GOVERNMENT PLEADER:SMT.SHEEJA.C.S R2 BY ADV. SRI.BINOY VASUDEVAN R3 BY ADV. SRI.R.SUNIL KUMAR R3 BY ADV. SMT.A.SALINI LAL

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.12937 OF 2020(N)

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JUDGMENT

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The 3^rd respondent is the registered owner of Ashok Leyland Heavy Goods Vehicle bearing registration No.KL74-2802. The vehicle was hypothecated with the 2^nd respondent-financier. Consequent on the default committed by the 3^rd respondent, the 2^nd respondent repossessed the vehicle and auctioned out the same. The petitioner is the auction purchaser. The grievance voiced in the writ petition is that the Joint Regional Transport Officer is not considering the application (produced along with the writ petition as Ext.P3) for issuance of fresh registration certificate in terms of Section 51(5) of the Motor Vehicles Act.

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The learned Government Pleader, on instructions, has filed a statement to the effect that no such application as aforementioned is available / seen in the office records.

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Taking note of the facts aforementioned, I

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leave open the right of the 2^nd respondent financier to make a fresh application for issuance of fresh

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WP(C).No.12937 OF 2020(N)

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Registration Certificate. The registered owner (the 3^rd respondent in the writ petition) submits that he has already objected to the issuance of fresh Registration Certificate infavour of 2^nd respondent. Be that as it may, that is not a matter for consideration at the present stage.

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Accordingly this writ petition is disposed of directing that, if the 2^nd respondent submits an application for issuance of fresh Registration Certificate in terms of Section 51(5) of the Motor Vehicles Act, the same shall be considered and appropriate orders passed, with due notice to the 3^rd respondent.

Sd/-

SATHISH NINAN

JUDGE

rsr

WP(C).No.12937 OF 2020(N)

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE RELATING TO VEHICLE NO.KL-74-2802

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EXHIBIT P2 TRUE COPY OF THE CASE DETAILS RELATING TO CASE A.NO.5153/2019 BEFORE THE HON'BLE HIGH COURT OF MADRAS

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EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 14.03.2020 MADE BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT FOR THE ISSUANCE OF FRESH RC

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EXHIBIT P4 TRUE COPY OF THE AUTHORIZATION DATED 17.03.2020 ISSUED BY THE 2ND RESPONDENT IN THE NAME OF THE PETITIONER

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EXHIBIT P5 TRUE COPY OF THE VEHICLE REGISTRATION STATUS ISSUED BY THE 1ST RESPONDENT RELATING TO THE PENDENCY OF THE APPLICATION FOR FRESH RC RELATING TO VEHICLE MENTIONED IN EXHIBIT P1

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EXHIBIT P6 TRUE COPY OF THE CASE DETAILS RELATING TO CASE NO CC 93/2019 PENDING BEFORE THE CDRF, THIRUVANANTHAPURAM

Rajesh V.N. v. Joint Regional Transport Officer

Case brief

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Rajesh V.N. v. Joint Regional Transport Officer

Case brief

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