IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WA.No. 2305 of 2008 --------------------- AGAINST THE JUDGEMENT IN WPC.30579/2008 Dated 28/10/2008 .................... APPELLANT: APPELLANT /2ND RESPONDENT IN WPC. --------------------------------------------------------------------------- N.K.ASHRAF, S/O.UMMER, NAMBADAN KUNNATH HOUSE, IRINGALLUR P.O., TIRUR, MALAPPURAM, REPRESENTED BY THE POWER OF ATTORNEY HOLDER, YAKHOOB PARAPPAN, S/O.KAMMUKKUTTY PARAPPAN HOUSE, KUTTALOOR, OORAKAM KIZHMURI POST,. MALAPPURAM. BY ADV. SRI.SAJU J.VALLYARA RESPONDENTS: RESPONDENT/1ST RESPONDENT & PETITIONER IN WPC. -------------------------------------------------------------------------------------------------------- 1. REGISTERING AUTHORITY, REGIONAL TRANSPORT OFFICE, MALAPPURAM. 2. M/S.SHRIRAM TRANSPORT FINANCE CO.LTD., 123, ANGAPPA NAICKEN STREET, CHENNAI, REP. BY P/A HOLDER SRI.VENUGOPALAN.P.T., LEGAL CONSULTANT M/S.SHRIRAM TRANSPORT FINANCE CO.LTD, SREEPADAM BUILDING, CHEROOTY ROAD, CALICUT. R1 BY SENIOR GOVERNMENT PLEADR, SMT.K. MEERA R2 BY ADV.SRI.RAJESH NAMBIAR. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 2305 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of December, 2008 JUDGMENT A.K.BASHEER, J. Appellant, who was respondent No.2 in the Writ Petition filed by the 2nd respondent herein, has preferred this appeal challenging the order passed by the learned Single Judge directing the Registering Authority, Malappuram to take a decision on the application filed by the 2nd respondent for transfer of registration in its favour. (2) It is not in dispute that the appellant had executed a hire purchase agreement with the 2nd respondent herein after hypothecating his vehicle. It appears that the appellant had committed default. Resultantly, the financier had taken possession of the vehicle and later applied to the registering authority to effect transfer of registration in its name, as provided under Section 51 of the Motor Vehicles Act. Since the said application was not considered, the 2nd respondent had approached the learned Single Judge for appropriate reliefs. (3) The learned Judge after hearing the parties had deemed it fit and proper to direct the registering authority to take a decision on the application submitted by the 2nd respondent, after hearing the appellant WA No. 2305 of 2008 -:2:- also, since he has raised a contention that transfer of registration is not liable to be effected as the entire hire charges have already been paid by him. He further submits that he is prepared to remit the balance dues also, if there is any. (4) Having heard the learned counsel for the appellant and having perused the entire materials placed before us, we do not find any illegality or irregularity in the view taken by the learned Single Judge. In our view, interest of the appellant has been adequately safeguarded since he is also to be heard before a decision is taken in the matter. We do not see any good ground to interfere with the orders passed by the learned Judge. Therefore, the Writ Appeal requires to be dismissed and it is dismissed. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE ttb WA No. 2305 of 2008 -:3:-