IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 WP(C).No. 34218 of 2010(B) ---------------------------------- PETITIONER(S): ------------------- P.M. DEEPA, ULLERY HOUSE, PUZHATHI HOUSING COLONY, KANNUR. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): -------------------- 1. THE REGIONAL TRANSPORT OFFICER, KANNUR - 670 002. 2. M/S. SHRIRAM TRANSPORT FINANCE COMPANY LIMITED, NEAR CIVIL STATION, KANNUR - 670 002. BY GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 34218 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of November, 2010 J U D G M E N T The petitioner is the registered owner of a stage carriage bearing registration No. KL 13/J 254. The said vehicle is hypothecated with the second respondent. According to the petitioner the entire loan amount has been repaid and thereupon, for getting the hypothecation termination letter for the purpose of cancellation of the hypothecation endorsement in the registration certificate she has already approached the second respondent. In fact, Ext.P3 is the letter issued to the second respondent carrying the said request. The letter has been returned unclaimed. Thereupon, the petitioner approached the first respondent by filing Ext.P4 application for cancellation of hypothecation. According to the petitioner, in terms of the provisions under section 51(7) of the Motor Vehicle Act, the first respondent should have taken appropriate steps for cancelling the hypothecation endorsement in the registration certificate. This writ petition has been filed on being aggrieved by the WPC.No.34218/2010 : 2 : inaction on the part of the first respondent in taking appropriate steps on Ext.P4. I have heard the learned counsel for the petitioner as also the learned Government Pleader. The learned Government Pleader submits that Ext.P4 application will be considered by the first respondent after issuing notice to the second respondent. This is recorded. Accordingly, this writ petition is disposed of with a direction to the first respondent to consider Ext.P4 application for cancellation of hypothecation endorsement in the registration certificate pertaining to the vehicle bearing No. KL 13/J 254, in accordance with law, with notice to the second respondent as well. This shall be done 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