Disposed

Sandeep K.P, v. the Secretary

Kerala HC10 Aug 2023WP(C)/7292/2023

Case brief

AI extract

What is this about?

The Court heard two writ petitions regarding a vehicle loan, permit renewal, and hypothecation endorsement. It directed the Regional Transport Authority to consider an application to cancel the hypothecation endorsement and cancel the renewed permit if the endorsement was valid, before fresh renewal under the Motor Vehicles Act. Disposed within three weeks.

What did the court decide?

Direction to the 1st respondent to consider Ext.P3, cancel Ext.P4 if hypothecation endorsement is valid, and pass orders within three weeks.

Sandeep K.P, Vs the Secretary — Service and Employment | Kerala HC (2023)

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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 MURALI PURUSHOTHAMAN

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THURSDAY, THE 10TH DAY OF AUGUST 2023 / 19TH SRAVANA, 1945
WP(C) NO.31757 OF 2022

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PETITIONER:

¶6

KOZHIKODE BUS OPERATORS CO-OPERATIVE SOCIETY LTD.
NO.D 3011, FATHIMA COMPLEX, EAST KOTTAPPARAMBA,
KOZHIKODE-673 010 REPRESENTED BY THE PRESIDENT
K.RADHAKRISHNAN.

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BY ADV K.V.GOPINATHAN NAIR

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RESPONDENTS:

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1 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY (REGIONAL TRANSPORT OFFICE), GROUND FLOOR, CIVIL STATION, ERANHIPALAM, KOZHIKODE - 673 020.

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2 SANDEEP K.P. S/O.RAJAN, SURABHI HOUSE, KATTIPARAMABATH, VENGERI POST, KARAPARAMBU, KOZHIKODE - 673 010.

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BY ADVS.
SRI.SAJEEV KUMAR K.GOPAL
SMT.PARVATHY K., GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.08.2023, ALONG WITH WP(C) NO.7292/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos.31757/2022 & 7292/2023 2

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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 MURALI PURUSHOTHAMAN
THURSDAY, THE 10TH DAY OF AUGUST 2023 / 19TH SRAVANA, 1945
WP(C) NO.7292 OF 2023

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PETITIONER:

¶18

SANDEEP K.P, AGED 34 YEARS
S/O.RAJAN K.P., AGED 34 YEARS, RESIDING AT
SURABHI HOUSE, KATTILPARAMBATH, VENGERI POST,
KARAPARAMBA, KOZHIKODE, PIN – 673010

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BY ADV.SAJEEV KUMAR K.GOPAL

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RESPONDENTS:

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1THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
(REGIONAL TRANSPORT OFFICE), GROUND FLOOR,
CIVIL STATION, ERANHIPALAM, KOZHIKODE,
PIN – 673020

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2 KOZHIKODE BUS OPERATORS CO-OPERATIVE SOCIETY LTD.NO.D 3011, FATHIMA COMPLEX, EAST KOTTAPPARAMBA, KOZHIKODE-673 010, REPRESENTED BY THE PRESIDENT K.RADHAKRISHNAN.

¶23

BY ADVS.
SRI.K.V.GOPINATHAN NAIR
SRI.V.S.SREEJITH, GOVERNMENT PLEADER

¶24

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.08.2023, ALONG WITH WP(C) NO.31757/2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos.31757/2022 & 7292/2023 3

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JUDGMENT

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Since common issues arise for consideration in
both the writ petitions, they are heard together
and are disposed of by this common judgment.

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2. The petitioner in WP(C) No.31757 of 2022 is
a Co-operative Society. According to the
petitioner, it had advanced a loan to the
2nd respondent for the purchase of a vehicle.
Ext.P2 is the Registration Certificate in respect
of the vehicle purchased by the 2nd respondent. The
learned counsel for the petitioner submits that
the said vehicle has been issued with a stage
carriage permit and as per Ext.P4, the
1st respondent renewed the permit without receiving
No Objection Certificate from the petitioner.
According to the petitioner Society, the renewal
of permit granted to the 2nd respondent is illegal,

¶29

WP(C) Nos.31757/2022 & 7292/2023 4

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arbitrary and contrary to the provisions contained
in Section 51 of the Motor Vehicles Act [for
brevity, ‘the Act’]. Accordingly, the petitioner
prays for a direction to quash Ext.P4.

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3. WP(C) No.7292 of 2023 is filed by the
2nd respondent in WP(C) No.31757 of 2022 for a
direction to the 1st respondent to cancel the
endorsement regarding hypothecation in the
Registration Certificate of the vehicle made at
the instance of the 2ndrespondent Society.
According to the petitioner, he has not availed
any hypothecation loan in respect of the aforesaid
vehicleandtheendorsementregarding
hypothecation has been made without his knowledge.
The petitioner has submitted Ext.P3 representation
before the 1st respondent to cancel the endorsement
regarding hypothecation.

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4. Heard the learned counsel for the

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WP(C) Nos.31757/2022 & 7292/2023 5

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petitioner in both the writ petitions and the
learned Government Pleader.

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5. The question as to whether the No Objection
Certificate of the Society is required for the
renewal of permit of the stage carriage will
depend on the question as to whether there is
hypothecation loan in respect of the vehicle.
According to the petitioner, he has not availed
any hypothecation loan. This is disputed by the
Society. The fact remains that there is
endorsement regarding hypothecation in the
registration certificate. The petitioner in WP(C)
No.7292of2023hassubmittedExt.P3
representation for cancellation of the said
endorsement.

¶36

6. In the facts and circumstances of the case,
there will be a direction to the 1st respondent to
consider Ext.P3 and pass appropriate orders, in

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WP(C) Nos.31757/2022 & 7292/2023 6

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accordance with law. In case the 1st respondent
finds that the hypothecation endorsement has been
rightly and validly made, then the 1st respondent
shall take steps to cancel Ext.P4 and in such case
any fresh application for renewal shall be
considered only in accordance with the provisions
of Section 51 of the Act. Orders as above shall be
passed by the 1st respondent within a period of
three weeks from the date of receipt of a
certified copy of this judgment.

¶39

The writ petitions are disposed of.

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Sd/-

¶41

 MURALI PURUSHOTHAMAN
 JUDGE

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sp/10/08/2023

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WP(C) Nos.31757/2022 & 7292/2023 7

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APPENDIX OF WP(C) NO.31757/2022

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PETITIONER'S EXHIBITS:-

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EXHIBIT P1COPY OF THE CERTIFICATE OF THE JOINT
REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL) KOZHIKODE DATED 19/8/2022.

¶47

EXHIBIT P2COPY OF THE REGISTRATION PARTICULARS IN
RESPECT OF VEHICLE KL-11/A3 8577.

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EXHIBIT P3COPY OF THE REGULAR PERMIT VALID UPTO
2/9/2021.

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EXHIBIT P4COPY OF THE RENEWED PERMIT ISSUED BY
THE 1ST RESPONDENT VALID TILL 2/9/2026.

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EXHIBIT P5COPY OF THE REQUEST SUBMITTED BY THE
PETITIONER DATED 19/8/2022.

¶51

EXHIBIT P6COPY OF THE REPLY ISSUED BY THE 1ST
RESPONDENT DATED 27/8/2022.

¶52

EXHIBIT P7COPY OF THE CIRCULAR NO.19/2015 DATED
22.7.2015 OF THE TRANSPORT COMMISSIONER

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EXHIBIT P8COPY OF THE APPLICATION SUBMITTED BY
THE 2ND RESPONDENT ON 24.9.2018 WHICH
WAS ORDERED ON 13.10.2018

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RESPONDENTS' EXHIBITS :-

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EXHIBIT-R2(B)TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 2ND RESPONDENT DATED
20-10-2022 TO CANCEL THE HYPOTHECATION
IN THE RC

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WP(C) Nos.31757/2022 & 7292/2023 8

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EXHIBIT-R2(C)TRUE COPY OF THE REQUEST SUBMITTED BY
THE PETITIONER DATED 10-08-2022 BEFORE
THE PUBLIC INFORMATION OFFICER OF THE
1ST RESPONDENT

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EXHIBIT-R2(D)TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 2ND RESPONDENT UNDER
THE RTI ACT DATED 24-09-2022

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EXHIBIT-R2(E)TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 2ND RESPONDENT DATED
03-09-2022 BEFORE THE 1ST RESPONDENT

¶60

EXHIBIT-R2(F)TRUE COPY OF THE OBJECTION SUBMITTED BY
THE 2ND RESPONDENT AGAINST THE PROPOSAL
FOR REVOKING THE RENEWAL DATED 11-08-
2022

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EXHIBIT-R2(G)TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 2ND RESPONDENT DATED
30-07-2022 BEFORE THE 1ST RESPONDENT

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EXHIBIT-R2(A)

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TRUE COPY OF THE INFORMATION RECEIVED
FROM THE RESERVE BANK OF INDIA UNDER
THE RTI ACT DATED 27-09-2022.

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WP(C) Nos.31757/2022 & 7292/2023 9

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APPENDIX OF WP(C) NO.7292/2023

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PETITIONER'S EXHIBITS :-

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EXHIBIT P1TRUE COPY OF THE REGULAR PERMIT VIDE
PST11/412/1991 DATED 15-05-2018

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EXHIBIT P2THE INFORMATION RECEIVED FROM THE
RESERVE BANK OF INDIA UNDER THE RTI ACT
DATED 27-09-2022

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EXHIBIT P3TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER DATED 20-
10-2022 TO CANCEL THE HYPOTHECATION IN
THE RC

¶70

EXHIBIT4TRUE COPY OF THE REQUEST SUBMITTED BY
THE PETITIONER DATED 10-08-2022 BEFORE
THE PUBLIC INFORMATION OFFICER OF THE
1ST RESPONDENT

¶71

EXHIBIT5TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER UNDER THE
RTI ACT DATED 24-09-2022

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EXHIBIT P6TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER DATED 03-
09-2022 BEFORE THE 1ST RESPONDENT

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EXHIBIT P7TRUE COPY OF THE OBJECTION SUBMITTED BY
THE PETITIONER AGAINST THE PROPOSAL FOR
REVOKING THE RENEWAL DATED 11-08-2022

¶74

EXHIBIT P8TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER DATED 30-
07-2022 BEFORE THE 1ST RESPONDENT

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RESPONDENT'S EXHIBITS :-

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EXHIBIT R2(A)TRUE COPY OF THE CERTIFICATE OF THE
JOINT REGISTRAR OF CO-OPERATIVE SOCIETY
(GENERAL) KOZHIKODE DATED 19.8.2022
EXHIBIT R2(B)TRUE COPY OF THE CIRCULAR DATED
22.7.2015

Sandeep K.P, v. the Secretary

Case brief

What is this about?

What did the court decide?

Sandeep K.P, v. the Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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