IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 WP(C).No. 25903 of 2010(K) ----------------------------------------- PETITIONER(S): ------------------------- M/S.INDUS IND BANK LTD, (VEHICLE FINANCE DIVISION) "SHALOM TOWERS"34/138-D BYE PASS NORTH END, EDAPPALLY , KOCHI -682 024. REPRESENTED BY ITS LEGAL EXECUTIVE PARTHEESH.S BY ADVS. SRI.G.HARIHARAN, SRI.PRAVEEN.H. RESPONDENT(S): ---------------------------- 1. JOINT REGIONAL TRANSPORT OFFICER, KARUNAGAPPALLY, PIN- 690 518 2. NAZARUDEEN, PUTHUVELLAYIL MEEKKATHIL, MUKUNDAPURAM, CHAVARA, PIN-691 583, KOLLAM DISTRICT. R1 BY GOVERNMENT PLEADER SRI.P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.25903/2010 K APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOTICE DTD. 20/05/2009 ISSUED UNDER RULE 61(3) OF THE CENTRAL MOTOR VEHICLE RULES. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 25903 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of September, 2010 J U D G M E N T The second respondent availed a loan of Rs.1,95,000/- for purchase of a 2005 model Maruthi Omni Car. However, the second respondent has failed to effect repayment in terms of the agreement entered into between the petitioner and the second respondent on 2.9.2005. Subsequently, the second respondent surrendered the vehicle to the petitioner. Thereupon, the petitioner submitted an application for issuance of fresh Registration Certificate under section 51(5) of Kerala Motor Vehicles Act before the first respondent. Thereafter, the first respondent issued Ext.P1 notice dated 20.5.2009 to the 2nd respondent under Rule 61(3) of the Central Motor Vehicle Rules requiring him to surrender the Original Registration Certificate within 15 days from its receipt and making it clear that in case of failure, fresh R C would be issued to the petitioner. The grievance of the petitioner is that despite the issuance of Ext.P1 and failure on the part of the 2nd respondent to produce the original R C, no WPC.25903/2010 : 2 : action has been taken so far to issue a fresh registration certificate to the vehicle bearing No. KL-2W-3854. 2. I have heard the learned counsel for the petitioner as also the learned Government Pleader. Admittedly, the petitioner has submitted an application for issuance of fresh registration certificate and consequently, Ext.P1 notice was issued to the 2nd respondent under Rule 61(3) of the Central Motor Vehicles Rules. The time stipulated as per Ext.P1 notice has lapsed long ago. Therefore, the first respondent is bound to pass orders thereon in accordance with law. In the said circumstances, this writ petition is disposed of with a direction to the first respondent to consider and pass orders on the application submitted by the petitioner for issuance of fresh registration certificate in respect of vehicle bearing registration No. KL-2W-3854 expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A.to Judge WPC.25903/2010 : 3 :