IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 WP(C).No. 33913 of 2010(L) -------------------------------------- PETITIONER(S): ---------------------- MUTHOOT VEHICLE AND ASSETS FINANCE LTD. REG. OFFICE AT COCHIN DENTAL CARE BUILDING, KOMBARA, MARKET ROAD COCHIN REP. BY POWER OF ATTORNEY HOLDER LOGAL OFFICER BABY SUJATH D/O. M.R.VALSALAN, SAI SOORAJ,CUSTOMS COLONY, H.NO.25,THAMARASSERY ROAD, POONITHURA, ERNAKULAM. BY ADVS. SRI.C.S.MANILAL SRI.K.VIDYASAGAR SRI.S.NIDHEESH RESPONDENT(S): ------------------------- 1. JOINT REGIONAL TRANSPORT OFFICER, MAVELIKKARA.-690101. 2. MATHAI THOMAS S/O. THAMPAN THOMAS, ANJILAVILAYIL VEEDU, PULLICKAL EAST, VARENICKAL.PO THEKKEKARA VILLAGE, MAVELIKKARA-690101. R1 BY GOVT PLEADER SRI. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.33913 of 2010 ---------------------------- Dated 18th November, 2010 JUDGMENT The petitioner is the financier of a vehicle bearing registration No.KL-31-4165. In fact, the second respondent availed a loan from the petitioner for the purpose of purchasing the said vehicle. The contention of the petitioner is that failure on the part of the second respondent in remitting the instalments towards the said loan account resulted in seizure of the said vehicle. Thereupon, an application under section 51 (8) of the Motor Vehicles Act for issuance of fresh registration certificate has been made by the petitioner on 6.3.2009. The grievance of the petitioner is that the first respondent is not taking up the said application for consideration in accordance with law and in fact, he is deferring decision thereon stating that the matter will be taken up only after an order is passed by the Judicial First Class Magistrate's Court, Kayamkulam in the matter pending before that Court relating the said vehicle. According to the petitioner, no such proceedings is pending as is obvious from Ext.P1. Be that as it may, it is the fact that the petitioner has submitted an application for issuance of fresh registration certificate. When such an application is received, the competent authority viz., the first respondent is bound to pass orders thereon, of course, with notice WP(C).No.33913/2010 2 to the parties concerned. In the above circumstances, this writ petition is disposed of with a direction to the first respondent to consider the application submitted by the petitioner for issuance of fresh registration certificate on 6.3.2009 with notice to the petitioner as also the second respondent expeditiously, at any rate within a period of six weeks from the date of receipt of a copy of this judgment. C.T.RAVIKUMAR Judge TKS