IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 WP(C).No. 30877 of 2009(D) -------------------------- PETITIONER(S): --------------- K. ABDUL RAHIMAN, KODIYALATH HOUSE, MADAVOOR P.O., (VIA) NARIKKUNI, KOZHIKODE. BY ADV. SRI.M.A.FAYAZ RESPONDENT(S): --------------- 1. A.N. VIJAYAN, S/O. ANANDAN, JIJI NIVAS, SASTHA COLONY, MANATHAKKAD, MALAMPUZHA P.O., PALAKKAD. 2. TATA MOTORS LIMITED, TATA MOTOR FINANCE, 6/1167, 3RD FLOOR, ARAFA COMPLEX, CHEROOTY ROAD, KOZHIKODE -32. 3. REGIONAL TRANSPORT OFFICER, KOZHIKODE. 4. REGIONAL TRANSPORT OFFICER, MUVATTUPUZHA. ADV. SRI.NIREESH MATHEW FOR R1 SRI.RAJESH THOMAS FOR R2 SRI.JIJO JOSEPH FOR R2 SRI.K.RAJESH (AROOR) FOR R2 SMT.PREETHA S CHANDRAN FOR R2 GOVT. PLEADER SRI. K.S. MOHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 30877/2009. ------------------------------------------------------------------- EXT.P1 COPY OF RELEVANT EXTRACT OF REGISTRATION CERTIFICATE. EXT.P2 INSURANCE CERTIFICATE. EXT.P3 SANCTION LETTER DT. 30-11-2007. EXT.P4 FORM 37 ISSUED BY R3. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 30877 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 10th December, 2009. J U D G M E N T The 1st respondent in this writ petition purchased a motor vehicle of which the 2nd respondent was the financier under a hire purchase agreement. Since the 1st respondent defaulted repayment of the hire purchase price, the 2nd respondent re-possessed the vehicle and then sold it to the petitioner. The petitioner applied for issue of fresh registration certificate for the vehicle. The same has not been issued. It is under the above circumstances, the petitioner has approached this Court seeking the following reliefs: “i) To issue a writ in the nature of mandamus, directing the 1st respondent to issue fresh Registration Certificate under Section 51(5) of the Motor Vehicles Act to vehicle KL-09-U-754, on the application made by the 2nd respondent for the same. ii) Direct the 1st respondent to take steps to transfer the vehicle KL-09-U-754 to the name of the petitioner consequent to the issuance of fresh Registration Certificate.” 2. The petitioner is not entitled to these reliefs because the financier, who is the person entitled for a fresh registration under the Motor Vehicles Act, has not filed an application for the same. Secondly, the sale itself before getting fresh registration certificate, that too, without intimating the 1st respondent, would stand in his way. Therefore, the petitioner cannot maintain this writ petition for these reliefs. Accordingly, the writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/