IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 WP(C).No. 21638 of 2011(D) -------------------------- PETITIONER(S): --------------- M.K.BENOY, PINAMKOTTIL HOUSE MARADY PO, MUVATTUPUZHA. BY ADV. SRI.M.A.FAYAZ SRI.N.J.JOHNSON RESPONDENT(S): --------------- 1. JOINT REGIONAL TRANSPORT OFFICER OFFICE OF THE JOINT REGIONAL TRANSPORT OFFICER PARASSALA 695 502. 2. M/S MAGMA FINANCE CORPORATION LIMITED VYTTILA, ERNAKULAM 682 019. 3. ASOKA KUMAR, VADAKKE THAZHAKKI, SANTHA BHAVAN, KULATTUR, UCHAKKADA PO, THIRUVANANTHAPURAM 695 506. ADV. SRI.VARGHESE C.KURIAKOSE FOR R2 SRI.T.A.ABDUL RASHEED FOR R2 SRI.K.H.ASHARAF FOR R2 GOVERNMENT PLEADER SRI.P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 21638/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 : PHOTOCOPY OF THE REGISTRATION PARTICULARS, IN RESPECT OF VEHICLE BEARING REGISTRATION NO. KL-19- A-4262. EXHIBIT P2 : PHOTOCOPY OF THE APPLICATION MADE IN FORM 36. EXHIBIT P3 : PHOTOCOPY OF THE RELEASE LETTER DATED 29.09.2010 ISSUED BY THE SECOND RESPONDENT. EXHIBIT P4 : PHOTOCOPY OF THE LETTER DATED 29.11.2010 ISSUED BY FIRST RESPONDENT TO THE REGIONAL TRANSPORT OFFICER, MUVATTUPUZHA. EXHIBIT P5 : PHOTOCOPY OF THE ENQUIRY REPORT SUBMITTED BY THE OFFICER AND GIVEN TO THE PETITIONER. RESPONDENT(S) EXHIBITS :NIL /TRUE COPY/ P.A. TO JUDGE. dnc P.N. RAVINDRAN, J. ------------------------------- W.P (C) No.21638 of 2011 ------------------------------- Dated this the 28th day of September, 2011 J U D G M E N T The petitioner purchased a motor car bearing registration No.KL-19A-4262 from the second respondent. The second respondent sold the vehicle to the petitioner after it repossessed the vehicle from the third respondent, the original owner, who had availed financial assistance from the second respondent for purchasing the vehicle. Since the third respondent did not handover the original of the certificate of registration, the second respondent filed Ext.P2 application dated 7.10.2010 under section 51 of the Motor Vehicles Act, 1988 for the issue of a fresh certificate of registration in the name of the second respondent so as to enable it to transfer the ownership of the motor car to the petitioner. This writ petition is filed contending that though several months have passed after the application was filed and a report has also been received from the Assistant Motor Vehicles Inspector, Muvattupuzha, within whose jurisdiction the vehicle has been garaged, the first respondent has not till date passed final orders in the application. In this writ petition, the petitioner seeks a direction to the first respondent to consider Ext.P2 application and pass expeditious orders thereon within a time limit to be fixed by this Court. W.P.(C) No.21638 of 2011 2 2. Respondents 1 and 2 have been served. The notice issued to the third respondent has been returned unserved with the endorsement 'unclaimed'. In the nature of the limited relief sought by the petitioner, viz., a direction to the first respondent to dispose of Ext.P2 application within a time limit to be fixed by this Court, I am of the opinion that this Court need not await service of notice on the third respondent. It is for the first respondent to serve notice on third respondent before passing orders on the application. I accordingly dispose of the writ petition with a direction to the first respondent to consider Ext.P2 application submitted by the second respondent for the issuance of a fresh certificate of registration and pass appropriate orders thereon expeditiously and in any event within two weeks from the date of production of a copy of this judgment, if the third respondent has already been given notice of the application. If the third respondent has not yet been served with notice of Ext.P2 application, the first respondent shall issue notice to the third respondent by registered post and dispose of the same within an outer limit of six weeks from the date of production of a copy of this judgment. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.21638 of 2011 JUDGMENT Dated:- 28th September, 2011 --------------------------------------