IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 17814 of 2011(B) -------------------------- PETITIONER: --------------- V.N.RAJESH, S/O.NARAYANAN NAIR, AGED 35, VARICKAKKAL HOUSE, EDAVATTY POST, TODUPUZHA. BY ADV. SRI.K.R.SUNIL RESPONDENTS: --------------- 1. THE JOINT REGIONAL TRANSPORT AUTHORITY, CHERTHALA 688500. 2. MS/.MAGMA FINACORP LTD., JAIN TOWER, 1ST FLOOR, N.H.BYE PASS ROAD, POWER HOUSE JUNCTION, VYTTILA, KOCHI- 682019. 3. T.MANOJ, PARAPPALLI HOUSE, AROOR P.O., CHERTHALA, ALAPPUZHA 688504. BY GOVERNMENT PLEADER SRI.P.M.MANOJ FOR R1 ADV. SRI.PHILIP T.VARGHESE FOR R2 SRI.THOMAS T.VARGHESE FOR R2 SMT.ACHU SUBHA ABRAHAM FOR R2 SMT.V.T.LITHA FOR R2 SMT.T.M.BINITHA FOR R2 SMT.AFSANA ASHRAF FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 17814/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE SALE AGREEMENT DATED 29.1.2010 EXT.P2 : COPY OF THE VEHICLE RELEASE LETTER RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 17814 OF 2011 -------------------------- Dated this the 22ndday of August, 2011 J U D G M E N T The petitioner purchased a motor car from the second respondent. The second respondent who had financed the motor car belonging to the third respondent, repossessed the car and sold it to the petitioner. This writ petition is filed contending that though an application was submitted for a fresh certificate of registration in accordance with the provisions contained in section 51 of the Motor Vehicles Act, the first respondent has not taken any action in the matter. In this writ petition, the petitioner prays for an order directing the first respondent to issue a fresh certificate of registration in respect of the motor car bearing registration No.KL-32-A-1992. 2. When the writ petition came up for hearing today, the learned counsel appearing for the petitioner and the learned counsel appearing for respondents 2 and 3 submitted that the parties have no objection to a fresh certification of registration being issued in the name of the second respondent and that the second respondent will thereafter transfer the said vehicle to the petitioner. In the light of the said submission, I dispose of the WPC No.17814/2011 2 writ petition with the following directions:- (i) The first respondent shall on the second respondent applying for the issue of a fresh certificate of registration in the name of the second respondent in respect of the motor car bearing registration No.KL-32-A-1992, issue the same. (ii) The second respondent shall after such fresh certificate of registration is issued, execute the necessary forms and hand them over to the petitioner so as to enable the petitioner to apply for transfer of the ownership of the motor car to his name. (ii) Needless to say, the petitioner as well as the second respondent shall pay the requisite fee, if any, stipulated as per the rules. P.N.RAVINDRAN, (JUDGE) vps