IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 WP(C).No. 2386 of 2008(H) --------------------------------------- PETITIONER(S): ------------------------- N.SAJEEV KUMAR, S/O.CHANDU AGED 35 YEARS, SWARNA NIVAS, MALOOR P.O., KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): ------------------------- 1. THE BRANCH MANAGER, TATA FINANCE LTD., SOUTH BAZAAR, KANNUR. 2. THE MANAGER, TATA FINANCE LTD., BASOOLA COMPLEX, IST FLOOR, V.N.PURAV MARG, MUMBAI - 400 071. 3. SUB REGIONAL TRANSPORT OFFICER, THALASSERY. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF TRANSPORTS. R4 BY GOVT. PLEADER SMT.N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.2386/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PLAINT IN OS. 46/07 BEFORE THE MUNSIFF COURT, KUTHUPARMBA DTD. 23.2.07. P2:- COPY OF THE AFFIDAVIT IN SUPPORT OF THE PETITION IN IA. 387/07 IN OS. 46/07 BEFORE THE MUNSIFF COURT, KUTHUPARAMBA DTD. 19.6.07. P3:- COPY OF THE JUDGMENT BEFORE THIS HONOURABLE COURT DT.D 4.12.07. P4:- COPY OF THE NOTICE DTD. 22.12.07. P5:- COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT DTD. 20.7.06. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.2386 of 2008-H - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of December, 2010. JUDGMENT The petitioner purchased a vehicle hearing registration No.KL 13/K 4405 from the respondents in October 2003 under a hire purchase agreement for an amount of Rs.3,40,000/-. The amount had to be repaid in 36 monthly instalments of Rs.12,150/-. It is the allegation in the writ petition that the second respondent and their men forcibly repossessed the vehicle for the alleged default. 2. The petitioner requested the third respondent not to issue duplicate R.C. Book and filed O.S. No.46/2007 before the Munsiff's Court, Kuthuparamba seeking for an order of injunction restraining the third respondent to issue duplicate R.C. Book in respect of the vehicle in question, to respondents 1 and 2. Ext.P1 is the copy of the plaint. It appears that the respondents filed I.A. No.387/2007 to refer the matter for arbitration. 3. The respondents filed another writ petition before this Court which was disposed of by Ext.P3 judgment, directing the first respondent therein to consider Exts.P1 and P2 applications. Thereafter, the petitioner received 2 a notice as per Ext.P4 to produce a “no dues certificate” from the financier. According to the petitioner, that is an impossibility, since they have already taken possession of the vehicle. It is in these circumstances, this writ petition was filed. This Court by interim order dated 21.1.2008 stayed all further action. 4. Learned Govt. Pleader on instructions submitted that the duplicate R.C. Book was already been issued before issuance of the interim order, on 8.1.2008, in the light of the direction issued by this Court as per Ext.P3 judgment. In that view of the matter, the issues raised in this writ petition has become academic. Since the petitioner has already filed a suit, he will have to prosecute the suit or avail another remedies known to law to redress the grievance in the matter. The writ petition is disposed of. No costs. (T.R. Ramachandran Nair, Judge.) kav/