IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 WP(C).No. 31762 of 2009(M) -------------------------- PETITIONER: -------------- MUTHOOT LEASING AND FINANCE LTD., KOLLAM REP.BY ITS AUTHORISED SIGNATORY D.GOPALAKRISHNA PILLAI. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENTS: ---------------- 1. THE REGIONAL TRANSPORT OFFICER, (REGISTERING AUTHORITY),TRIVANDRUM. 2. THE REGIONAL TRANSPORT OFFICER, KOLLAM. 3. BIMAL VAVACHAN,BIMAL BHAVAN, SOORANADU.PO,CHAKKUVELLY,KUNNATHOOR, KOLLAM. ADDL. 4. PENNAMMA VAVACHAN, W/O. VAVACHAN, BIMAL BHAVA, NEAR SOORANADU POLICE STATION, SOORANADU P.O., KOLLAM, PIN : 690 522. (ADDL.R4 IMPLEADED AS PER ORDER DATED 20.09.10 IN IA. NO.12553 OF 2010 IN WP(C) 31762/09). R1 & R2 BY SRI.M.H. HANIL KUMAR, GOVT. PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31762 of 2009(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE TEMPORARY REGISTRATION PARTICULARS. EXT.P2 : TRUE COPY OF THE DUPLICATE OF FORM 21. EXT.P3 : TRUE COPY OF THE DUPLICATE OF FORM 22. /TRUE COPY/ PA TO JUDGE P.R. RAMACHANDRA MENON, J. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 31762 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of December, 2010 JUDGMENT The petitioner, who is the financier of the vehicle bearing temporary registration No.KL-01-E-9777, has approached this Court seeking for a direction to be given to the 1st respondent to register the vehicle covered by Exts.P1 to P3 in the name of the petitioner, without insisting for production of the originals of Exts.P1 to P3. 2. The learned counsel for the petitioner submits that the finance was originally provided by the petitioner in favour of the 3rd respondent, to purchase the vehicle in his name and temporary registration was obtained in the name of the 3rd respondent. However, after purchase of the vehicle as above, the 3rd respondent never cared to get the permanent registration, nor did he take any step to satisfy the loan amount as well. In the said circumstances, there was no other alternative for the petitioner but to repossess the vehicle in accordance with the relevant provisions of law and in terms of the contract. After WP(C) No. 31762 of 2009 -:2:- repossessing the vehicle as above, the petitioner approached the 1st respondent to have the vehicle registered in the name of the petitioner on the strength of Exts.P1 to P3, which was not acceded to, stating that, the originals of Exts.P1 to P3 had to be produced for the purpose of granting permanent registration in the name of the petitioner, which in fact was not possible for the petitioner, as the said documents were in the custody of the 3rd respondent, who is no more. 3. Pursuant to the notice ordered, it was returned from the 3rd respondent unserved, stating that the 3rd respondent was no more, under which circumstances, the petitioner sought impleadment of the mother of the 3rd respondent, who is stated as the sole legal heir, and as per the order passed by this Court on 20.09.2010 in I.A. No.12553 of 2010, she was impleaded as the additional 4th respondent. Despite the service of notice to the additional 4th respondent, there is no appearance. 4. Heard the learned Government Pleader as well. WP(C) No. 31762 of 2009 -:3:- 5. Considering the facts and circumstances, the writ petition is disposed of, following similar course as already ordered by this Court in W.P.(C) No.11482 of 2010, directing the 2nd respondent to consider the application preferred by the petitioner for registration of the vehicle in the name of the petitioner; on production of the duplicate copies of the original documents, of course after giving an opportunity of hearing to the additional 4th respondent, who is stated as the sole legal heir of the deceased 3rd respondent. The proceedings as above shall be finalised in accordance with law, as expeditiously as possible, at any rate within two months from the date of receipt of a copy of this judgment. P.R. RAMACHANDRA MENON, JUDGE ttb