Dismissed

Iyngaran Auto Finance v. the Joint Regional Transport Officer

Kerala HC3 Feb 2022WP(C)/2656/2022

Case brief

AI extract

What is this about?

Petitioner, an auto finance company, sought expeditious consideration of an application for a fresh vehicle registration certificate filed after default was stopped. The respondent authority directed to pass orders within two months with notice and hearing to the second respondent.

What did the court decide?

Directed the first respondent to consider and pass appropriate orders on Ext:P2 application with notice and hearing to the second respondent within two months.

Iyngaran Auto Finance Vs the Joint Regional Transport… — Service and Employment | Kerala HC (2022)

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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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THURSDAY, THE 3^RD DAY OF FEBRUARY 2022 / 14TH MAGHA, 1943

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WP(C) NO. 2656 OF 2022

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PETITIONER:

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IYNGARAN AUTO FINANCE 114,GROUND FLOOR, PUSPAGES COMPLEX, THIRUVAIKA ROAD, KAROOR, TAMILNADU 639 001 (REPRESENTED BY THE POWER OF ATTORNEY HOLDER AND AUTHORIZED SIGNATORY SRI M.P ANTONY

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BY ADV K.V.GOPINATHAN NAIR

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RESPONDENTS:

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1 THE JOINT REGIONAL TRANSPORT OFFICER (ADDITIONAL REGISTERING AUTHORITY) MINI CIVIL STATION, PONNANI, MALAPURAM 679 583

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2 K NASAR S/O. KOYA, PULIKKAL HOUSE, TRIKKANAPURAM P.O, KUTTIPPURAM, MALAPPURAM 673 647

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OTHER PRESENT:

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G.P SRI. SHAMEER. PM

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = W.P.(C) No.2656 of 2022

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= = = = = = = = = = = = = = = = = = Dated this the 3^rd day of February, 2022

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J U D G M E N T

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The second respondent purchased a stage carriage availing finance from the petitioner. Since repayment of the facility was defaulted, the petitioner re-possessed the vehicle. Thereafter, Ext.P2 application was filed in terms of Section 51(5) of the Motor Vehicles Act seeking issuance of a fresh certificate of registration. The petitioner seeks for an expeditious consideration of the application.

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Heard the learned counsel for the petitioner and the learned Senior Government Pleader.

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The learned Government Pleader on instructions submits that, on the application, notice has already been issued by the authority to the second respondent.

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In the circumstances, the writ petition is disposed of directing the first respondent to consider and pass appropriate orders on Ext.P2 application with

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W.P.(C) No.2656 of 2022

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-: 2 :-

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due notice to and an opportunity of hearing to the second respondent, as expeditiously as possible and at any rate within a period of two months from the date of

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receipt of a copy of this judgment.

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Sd/- SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

APPENDIX OF WP(C) 2656/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE REGISTRATION PARTICULARS SHOWING THE ENTRY OF HYPOTHECATION IN RESPECT OF STAGE CARRIAGE KL-54/D 8297 Exhibit P2 TRUE COPY OF THE APPLICATION IN THE PRESCRIBED FORM DATED 21-12-2021 Exhibit P3 TRUE COPY OF THE COVERING LETTER SUBMITTED ALONG WITH EXHIBIT P2 DATED 21-12-2021 Exhibit P4 TRUE COPY OF THE INTIMATION REGARDING THE NON-USE OF THE VEHICLE DATED 21-12-2021

Iyngaran Auto Finance v. the Joint Regional Transport Officer

Case brief

What is this about?

What did the court decide?

Iyngaran Auto Finance v. the Joint Regional Transport Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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