IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 8TH OCTOBER 2010 / 16TH ASWINA 1932 WP(C).No. 25564 of 2010(U) ----------------------- PETITIONER : ----------------- M/S.INDUS IND BANK LTD. (VEHICLE FINANCE DIVISION)"SHALOM TOWERS" 34/138-D BYE PASS NORTH END, EDAPPALLY, KOCHI - 682 024. REPRESENTED BY ITS LEGAL EXECUTIVE PARTHEESH.S. BY ADVS. SRI. G. HARIHARAN SRI. PRAVEEN H. RESPONDENT(S): ------------------------ 1. REGIONAL TRANSPORT OFFICER KOLLAM, PIN-691 001. 2. S.JAYAKRISHNAN, ANHIKATTU HOUSE, VADAKKEVILA PO, MADANNADA, KOLLAM - 691 010. R1 BY GOVERNMENT PLEADER SRI. M.A. ASIF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.25564 OF 2010 -------------------------------------------- Dated this the 8th day of October, 2010 JUDGMENT The petitioner is a Company registered under the Companies Act, 1956 carrying banking activities. The second respondent has availed a loan of Rs.5,90,000/- in the year 2007 for the purchase of a vehicle bearing registration No.KL-2AB-1289. Upon the continued failure on the part of the second respondent to pay off instalments towards the said loan account, the petitioner has approached the High Court of Madras. On the strength of Ext.P1 order of the High Court of Madras, the vehicle was re- possessed by the petitioner. Even then the second respondent failed to surrender the possession of the registration certificate relating to the aforesaid vehicle. In the said circumstances, the petitioner has submitted Ext.P2 application under Section 51(5) of the Motor Vehicles Act for issuance of a fresh registration certificate, before the first respondent. 2. A counter affidavit has been filed by the first respondent in this Writ Petition. It is stated thereunder that on receipt of Ext.P2 application, the first respondent has issued Ext.R1(a) registered notice to W.P.(C) NO.25564/2010 2 the second respondent. Ext.R1(a) notice is dated 6.5.2010. Obviously, the first respondent has already taken steps for the purpose of considering Ext.P2 application submitted by the petitioner and for that purpose, the first respondent has already issued Ext.R1(a) notice to the second respondent. In the said circumstances, the first respondent is bound to consider Ext.P2 application and pass orders thereon, in accordance with law. The failure, wilful or otherwise, of the second respondent to respond to the same cannot be a reason for deferring decision indefinitely, on Ext.P2. In the circumstances, this Writ Petition is disposed of with a direction to the first respondent to consider Ext.P2 application submitted by the petitioner under Section 51(5) of the Kerala Motor Vehicles Act, for issuance of a fresh registration certificate, expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.25564/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.25564/2010 4