IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 27138 of 2010(N) -------------------------- PETITIONER(S): --------------- 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 ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- 1. JOINT REGIONAL TRANSPORT OFFICER, KASARAGOD-671 121. 2. MR.PRADEEP.V,KOLOTU HOUSE,KOLATHOOR.P.O, CHENGALA(VIA),PIN-671541,KASARAGOD. BY ADV. SRI.T.MADHU FOR R2 BY GOVT. PLEADER SRI. BASANT BALAJI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.27138 OF 2010 EXT.P1 TRUE COPY OF THE APPLICATION DATED 22.10.2009 FILED BEFORE THE FIRST RESPONDENT. EXT.P2 TRUE COPY OF THE OCMMON JUDGMENT MADE IN W.P.(C) NO.23599/2008 & WP(C) NO.23600/2008 DATED 3.6.2010. EXT.P3 TRUE COPY OF THE COMMUNICATION DATED 23.6.2010 ADDRESSED TO THE SECOND RESPONDENT BY THE PETITIONER. //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.27138 of 2010 ------------------------------- Dated this the 16th day of June, 2011 J U D G M E N T The petitioner bank is the financier of a motor car bearing registration No.KL-13F-9027 owned by the second respondent. The petitioner bank had also financed yet another motor car bearing registration No.KL-11J 1206 owned by the second respondent's mother. The second respondent was the guarantor to the loan availed by his mother and the mother in turn, was the guarantor for the loan availed by the petitioner. Both of them defaulted repayment of the loan instalments. When the second respondent and his mother defaulted repayment of the loan instalments, the bank repossessed the vehicles. The second respondent's mother thereupon filed W.P.(C) No.23599 of 2008 and the petitioner filed W.P.(C) No.23600 of 2008 in this Court. In both the writ petitions, interim orders were passed on 27.8.2008 directing release of the vehicles to the respective petitioners on their furnishing bank guarantees for the amount due from them. It is stated that bank guarantees were not furnished. Therefore, the petitioner bank continued to be in possession of both the vehicles. 2. The aforesaid writ petitions were disposed of Ext.P2 judgment delivered on 3.6.2010. By that judgment, this Court directed W.P.(C) No.27138 of 2010 2 the second respondent and his mother to clear off the liability in eight equal monthly instalments commencing from 30.6.2010. This Court also directed that on the liability being discharged, the vehicles shall be released to the second respondent and his mother. It was also directed that if they commit default in making payment as directed by this Court, it will be open to the petitioner bank to take appropriate steps for realisation of the entire amount in lump. It is stated that the second respondent and his mother did not even thereafter discharge the liability and therefore the petitioner bank submitted Ext.P1 application to the first respondent for the issue of a fresh certificate of registration in respect of the motor car bearing registration No.KL- 13F-9027 so as to enable the petitioner to dispose of the said vehicle and to realise the amount due to it. This writ petition is filed contending that though more than two years have passed after Ext.P1 application was submitted, till date orders have not been passed thereon. In this writ petition, the petitioner seeks a direction to the first respondent, the Joint Regional Transport Officer, Kasargod to consider Ext.P1 application and pass orders thereon without delay. 3. When the writ petition came up for hearing today, Sri.Basant Balaji, learned Government Pleader appearing for the first respondent submitted that Ext.P1 application has not been received W.P.(C) No.27138 of 2010 3 by the first respondent, that Ext.P1 application is addressed to the Regional Transport Authority, Kasargod, that the officer who is competent to issue a fresh registration certificate in respect of the vehicle bearing registration No.KL-13F-9027 is the first respondent and that as the petitioner is yet to submit an application under section 51 of the Motor Vehicles Act before the first respondent, no relief can be granted in this writ petition. Sri.T.Madhu, learned counsel appearing for the second respondent submitted that the second respondent has not repaid the loan and therefore the second respondent has no objection to the relief sought in the writ petition being granted. 5. In the light of the aforesaid facts and having regard to the fact that the petitioner bank is yet to submit a formal application under section 51 of the Motor Vehicles Act, 1988 to the first respondent, I dispose of the writ petition with the following directions:- i) The petitioner shall within two weeks from the date of receipt of a certified copy of this judgment submit an appropriate application to the first respondent in the prescribed form, if any, for the issue of a fresh certificate of registration in respect of the motor car bearing W.P.(C) No.27138 of 2010 4 registration No. No.KL-13F-9027 in the name of the petitioner and shall also pay the requisite fee, if any prescribed, along with the application. ii) The first respondent shall upon receipt of the application issue notice to the petitioner and the second respondent, afford them an opportunity of being heard and thereafter pass orders on the application, in accordance with law, expeditiously and in any event within one month from the date of receipt of the application. P.N. RAVINDRAN, JUDGE. nj.