IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 WP(C).No. 35222 of 2010(C) --------------------------------------- PETITIONER(S): ---------------------- INDUSIND BANK LTD., IIND FLOOR, SHALLOM TOWERS, EDAPALY, KOCHI-24, REPRESENTED BY AUTHORIZED OFFICER, SHRI.PARTHEESH.S.EXECUTIVE (LEGAL). BY ADV. SRI.K.RAJESH (AROOR) RESPONDENT(S): -------------------------- 1. REGIONAL TRANSPORT OFFICER, KOLLAM DISTRICT. 2. ABDUL KALAM, ANEESH BHAVAN, PLAVINTEVADAKKATTIL, NELLIMUKKU, THIRUMULLAVALAM P.O., KOLLAM-691 008. R1 BY GOVERNMENT PLEADER SRI. BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.35222 OF 2010 -------------------------------------------- Dated this the 24th day of November, 2010 JUDGMENT The petitioner is a company registered under the Companies Act, 1956 and governed by the Banking Regulation Act, of 1949. The second respondent has availed a loan of Rs.7,06,000/- from the petitioner-bank for the purchase of a vehicle bearing Registration No.KL-02 X 5032. The said loan was to be repaid in 59 monthly instalments. The default in repayment of instalments resulted in surrender of the said vehicle by the second respondent, it is contended. According to the petitioner, they have approached the first respondent with a request to issue a fresh registration certificate in terms of Section 51(5) of the Kerala Motor Vehicles Act. Ext.P1 is the application submitted for that purpose. On being aggrieved by the delay in the matter of disposal of the said application that this Writ Petition has been filed. 2. I have heard the learned counsel for the petitioner and also the learned Government Pleader. When an application under Section 51(5) of the Kerala Motor Vehicles Act is submitted before the competent authority, the said authority is bound to consider the same in accordance W.P.(C) NO.35222/2010 2 with law and pass orders thereon. In view of the order I propose to pass in this Writ Petition I do not think it necessary to issue notice to the second respondent at this stage. Therefore, this Writ Petition is disposed of with a direction to the first respondent to consider and pass orders on Ext.P1 application, in accordance with the provisions under Section 51 of the Kerala Motor Vehicles Act, expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment with notice to the petitioner as also to the second respondent. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.35222/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.35222/2010 4