IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 12TH FEBRUARY 2008 / 23RD MAGHA 1929 WP(C).No. 28259 of 2007(L) -------------------------- PETITIONER: ------------------- CHOLAMANGALAM INVESTMENT AND FINANCE COMPANY LTD., MUTTAMBALAM P.O., KOTTAYAM, REPRESENTED BY ITS AUTHORIZED SIGNATORY, SHINIL K.PHILIP. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENTS: ----------------------- 1. THE REGISTERING AUTHORITY (THE JOINT REGIONAL TRANSPORT OFFICER),KAYAMKULAM. 2. PRABHAKARA PILLAI, CHEEMMINIKARA VADAKKETHIL, VEEYAPURAM, HARIPPAD, ALAPPUZHA. BY ADV. SRI.A.MOHAMMED SRI.A.ABDUL LATHEEF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 28259/2007. APPENDIX PETITIONER'S EXTS: EXT. P1 : TRUE COPY OF THE REQUEST DATED 27.2.2007 SUBMITTED BY PETITIONER TO RESPONDENT NO.1. EXT. P2 : TRUE COPY OF THE COMMUNICATION DATED 3.4.2007 BETWEEN THE 1ST RESPONDENT AND THE JOINT REGIONAL TRANSPORT OFFICER, THODUPUZHA. RESPONDENTS' EXTS: EXT. R2(a) : TRUE COPY OF THE R.C. BOOK. EXT. R2(b) : TRUE COPY OF THE STATEMENT OF BANK ACCOUNT. EXT. R2(c) : TRUE COPY OF THE CASH RECEIPT VOUCHER. EXT. R2(d) : TRUE COPY OF THE LETTER SENT TO THE R.T.O. BY 2ND RESPONDENT. EXT. R2(e) : TRUE COPYOF THE PETITION RECEIPT VOUCHER AND PETITION. K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.28259 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of February, 2008 JUDGMENT The prayer in the writ petition is to direct the first respondent to issue fresh registration certificate in respect of the vehicle referred to in Ext.P1. 2. The case of the petitioner in brief is that the second respondent purchased a vehicle with the financial assistance of the petitioner, who is a financier. According to the petitioner the vehicle was surrendered on 16.10.2006 and thereafter petitioner submitted Ext.P1 request for issuance of fresh registration certificate. Accordingly, the first respondent, through the Joint Regional Transport Officer, got verified the vehicle. Ext.P2 is issued in that regard on 3.4.2007. Though notice was issued to the second respondent, he has not responded. 3. Counter affidavit is filed by the second respondent, wherein it is stated that the second respondent has not committed default. According to him he had not surrendered the vehicle and that the petitioner and his men took the vehicle from the courtyard without permission and the registration certificate is still with the second respondent. It is also stated that there is a complaint to the police and a suit is also pending. WPC.28259/2007. 2 4. Heard Government Pleader also. 5. In the facts and circumstances of the case, this writ petition is disposed of directing the first respondent to hear the petitioner and also the second respondent and take a decision in the matter in accordance with law within a period of six weeks from the date of receipt of a copy of this judgment. I leave open all the contentions of both the parties. (K.M. JOSEPH, JUDGE) sb