IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 22ND JUNE 2007 / 1ST ASHADHA 1929 WP(C).No. 10812 of 2007(K) -------------------------------- PETITIONER: -------------- BALACHANDRAN PILLAI, MOHANALAYAM, ASHTAMUDI P.O., KOLLAM. BY ADV. SRI.P.DEEPAK RESPONDENTS: ----------------- 1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOLLAM. 2. THE MANAGER, ING VYSYA, KOLLAM BRANCH, BEACH ROAD, KOLLAM. BY ADV. SRI.C.VIVEK SMT.SREEKALA KRISHNADAS BY SR.GOVT. PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX (WP(C) NO.10812 OF 2007) PETITIONER'S EXHIBITS: Ext.P1: Copy of the communication dtd.20.3.2007 Ext.P2: Copy of the request for NOC addressed to the financier dated 7.3.2007. Ext.P3: Copy of the declaration dtd.15.3.2007. -True Copy- P.A.to Judge. S. SIRI JAGAN, J. ------------------------------------ WP(C) NO. 10812 OF 2007 - K ------------------------------------- Dated this the 22nd day of June, 2007 J U D G M E N T Heard the learned counsel for the petitioner, learned Government Pleader appearing for the first respondent and Smt.Sreekala Krishnadas appearing for the second respondent. 2. The petitioner's application for replacement of vehicle is not being considered on the ground that the petitioner has not obtained consent from the financier of the present vehicle. 3. Smt.Sreekala Krishnadas appearing for the second respondent-financier submits that the petitioner has cleared all the dues in respect of the vehicle and no amount is due to the second respondent in respect of the same. Even otherwise, the Government Pleader is not able to show me any provision of law which requires that for replacement of vehicle, consent from the financier is necessary. In the above circumstances, the first respondent is directed to consider the petitioner's WP(C) NO. 10812 of 2007 :-2-: application for replacement of the vehicle in accordance with law without insisting upon the consent of the financier. The writ petition is disposed of as above. S. SIRI JAGAN, Judge Mbs/ WP(C) NO. 10812 of 2007 :-3-: S.SIRI JAGAN, J ------------------------------------ W.P.(C) NO. OF 2001 ------------------------------------ J U D G M E N T DATED:01-06-2007 WP(C) NO. 10812 of 2007 :-4-: