Disposed

Salim K.B. v. Registering Authority

Kerala HC8 Mar 2021WP(C)/1400/2021

Case brief

AI extract

What is this about?

This writ petition directed the Regional Transport Office and National Informatics Centre to expeditiously consider the bank's application for re-registration of a seized vehicle, including removing the blacklisting entry after providing an opportunity to objectors.

What did the court decide?

To direct the First Respondent to consider the application for fresh RC expeditiously (within six weeks) after giving a reasonable opportunity to all objectors, and if allowed, the Fourth Respondent t

Salim K.B. Vs Registering Authority — Consumer Protection | Kerala HC (2021)

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W.P.(C) No.1400/2021 1

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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 SUNIL THOMAS

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MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942

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WP(C).No.1400 OF 2021(Y)

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PETITIONER:

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SALIM K.B. AGED 38 YEARS S/O. BASHEER, KARISSERIL HOUSE, EDAVETTY P.O., THODUPUZHA, IDUKKI DISTRICT-685588.

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BY ADVS.

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SRI.G.HARIHARAN SRI.PRAVEEN.H.

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RESPONDENT:

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1 REGISTERING AUTHORITY,

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REGIONAL TRANSPORT OFFICE, KOTTAYAM-686001.

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2 STATE BANK OF INDIA, RACPC KOTTAYAM, OPP. BCM COLLEGE, K.K. ROAD, KOTTAYAM-686001, REPRESENTED BY ITS ASSISTANT GENERAL MANAGER.

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3 SACHIN V. CHACKO, VALIYAPARAMBIL MUKALAI HOUSE, KAIPUZHA P.O., KOTTAYAM DISTRICT-686602.

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4 ADDL.R4.NATIONAL INFORMATICS CENTRE CIVIL STATION, THRIKKAKARA, KAKKANAD, KERALA - 682 030, REPRESENTED BY ITS AUTHORIZED OFFICER.

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(ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED 17/2/2021 IN I.A.1/2021 IN WP(C)1400/2021.)

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OTHER PRESENT:

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SR.GP BIMAL K NATH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.1400/2021

JUDGMENT

Dated this the 8th day of March 2021

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Petitioner is an authorized agent of the second respondent bank.

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The 3^rd respondent had purchased a car bearing registration number No.KL-05AR-3002 on availing finance from the second respondent. He purchased the vehicle and the vehicle was assigned registration No. No.KL-05AR-3002 from the first respondent office. Hypothication was duly noted in the RC book. Thereafter, since default was committed, the vehicle was taken possession of by the 2^nd respondent and it was entrusted to the safe custody with the petitioner who was authorised officer of the second respondent. Accordingly, he moved an application for issuance of fresh RC before the first respondent in relation to the above vehicle. The above application is Ext.P2. The grievance of the petitioner is that, the above application is not considered since the vehicle is black listed in view of the objection raised by the third respondent. RC status in relation to the vehicle is mentioned in Ext.P4. Prayer sought in the writ petition is for a direction to the first respondent to consider Ext.P2 as expeditiously as possible .

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After hearing the learned counsel for the petitioner and learned

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senior Government Pleader, I am inclined to dispose of the writ petition

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W.P.(C) No.1400/2021

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itself by directing the first respondent to consider Ext.P2, after giving reasonable opportunity to all the objectors including the 3^rd respondent, and pass appropriate orders in accordance with law, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. If the application is allowed, the additional 4^th respondent shall effect appropriate changes and that changes shall be uploaded on the website deleting black listing of the vehicle from the site.

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The writ petition is disposed of as above.

Sd/-

SUNIL THOMAS

JUDGE

dpk

W.P.(C) No.1400/2021

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 24/06/2019 ISSUED BY THE ADVOCATE COMMISSIONER APPOINTED BY THE CJM COURT, KOTTAYAM IN CONNECTION WITH CMP NO.2134/2019 IN MC NO.255/2019.

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EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 14/01/2021 MADE BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT FOR THE ISSUANCE OF FRESH RC.

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EXHIBIT P3 TRUE COPY OF THE AUTHORIZATION DATED 14/01/2021 ISSUED BY THE 2ND RESPONDENT IN THE NAME OF THE PETITIONER.

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EXHIBIT P4 TRUE COPY OF THE RC STATUS RELATING TO VEHICLE NO. KL-05AR-3002 AT THE OFFICE OF THE 1ST RESPONDENT.

Salim K.B. v. Registering Authority

Case brief

What is this about?

What did the court decide?

Salim K.B. v. Registering Authority

Case brief

What is this about?

What did the court decide?

What the court decided

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