IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 OP(C).No. 2178 of 2011(O) ------------------------- EA NO.688/2010 IN IN EP 66/2008 IN OS.171/2007 of SUB COURT, TIRUR .................... PETITIONER(S): ------------------------------ MR.N.H.SAIDU MOHAMMED, S/O.HASSAN, AGED 57 YEARS, RESIDING AT XXXIII/1004, NELLIKKAKATHU HOUSE, VENNALA P.O., CHALIKAVATTOM, KOCHI-682 028. BY ADV. SRI.M.A.ASIF RESPONDENT(S): --------------- 1. C.P.KUTTU, S/O.ALIYAMMU HAJI, MANAGING PARTNER, PREMIER TRADERS, TIRUR P.O., TIRUR, MALAPPURAM DISTRICT, PIN-676 101. 2. E.ALAVIKUTTY, S/O.MOHAMMED, PROPRIETOR, ELANCHERRY TRADERS, KUZHIMANNA AMSHAM, KIZHISSERY DESAM, MALAPPURAM DISTRICT, PIN-673641. 3. REGIONAL TRANSPORT OFFICER, ERNAKULAM, CIVIL STATION, KAKKANAD, KOCHI-682 020. GOVT. PLEADER SHRI T.K.SAJEEV FOR R3 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO.2178/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE BIDDERS LIST IN EP NO.66/2008 IN OS 171/2007 ON THE FILE OF SUB COURT, TIRUR EXT.1(a) TRUE COPY OF THE BIDDING DETAILS IN EP NO.66/2008 IN OS 171/2007ON THE FILE OF SUB COURT, TIRUR EXT.P1(b) TRUE COPY OF THE SALE WARRANT ISSUED BY CENTRAL NAZIR OF THE OF SUB COURT, TIRUR IN EP NO.66/2008 IN OS 171/2007 EXT.P1(c) TRUE COPY OF THE REPORT OF THE SALE IN EP NO.66/2008 IN OS 171/2007 SUBMITTED BY THE AMIN, SUB COURT, TIRUR EXT.P2 TRUE COPY OF RECEIPT DATED 23.11.2009 ISSUED BY THE AMIN, SUB COURT, TIRUR IN EP NO.66/2008 IN OS 171/2007 EXT.P3 TRUE COPY OF EA NO.688/2010 IN EP NO.66/2008 IN OS 171/2007 ON THE FILE OF SUB COURT, TIRUR //TRUE COPY// PA. TO JUDGE THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2178 of 2011 -------------------------------------- Dated this the 8th day of July, 2011. JUDGMENT Learned Government Pleader takes notice for third respondent. Notice to respondents 1 and 2 is dispensed with in view of the order I propose to pass. 2. Petitioner purchased a goods carrier truck in court auction on November 23, 2009 in E.P.No.66 of 2008 in O.S.No.171 of 2007 of the court of learned Sub Judge, Tirur. He has deposited the entire price for which the executing court has issued Ext.P2, receipt. Petitioner has taken delivery of the vehicle. He approached the Regional Transport Officer, Ernakulam for transferring registration in his name. He was directed to get a letter of request from the learned Sub Judge, Tirur certifying purchase of vehicle by the petitioner in court auction and requesting to transfer registration in the name of petitioner. Thereon petitioner filed E.A.No.688 of 2010 in E.P.No.66 of 2008 for issuing a letter of request. That application was not opposed by the decree holder or the judgment debtor and thereon, executing court on December 17, 2010 allowed the application and ordered issue of receipt. Grievance of the petitioner is that in spite of the said order being passed on December 17, 2010 so far the, receipt has not been issued and hence petitioner could not get registration transferred in his name and put the vehicle in use. The vehicle is remaining idle for the last more than 18 months. That has seriously prejudiced petitioner, it is contended. OP(C) No.2178/2011 2 Learned counsel requested that direction may be issued to the executing court to issue the receipt. I have heard learned Government Pleader also. 3. It is seen from Ext.P3, copy of the E.A.No.688 of 2010 filed by the petitioner that the application was not objected by either the decree holder or judgment debtor and thereon, executing court allowed the application (for issue of certificate regarding purchase and transfer of registration of the vehicle). It is not clear what exactly is the difficulty in issuing the certificate. Fact remained that petitioner is not able to put the vehicle in use without getting the registration transferred in his name. In the circumstances learned Sub Judge, Tirur is directed to expedite his proceeding for issue of certificate as applied for and allowed as per order on E.A.No.688 of 2010 in E.P.No.66 of 2008 in O.S.No.171 of 2007. Original Petition is disposed of accordingly. THOMAS P.JOSEPH, Judge. cks