Kerala High Court
Salim K.B vs Registering Authority on 8 March, 2021
Author: Sunil Thomas
Bench: Sunil Thomas
W.P.(C) No.1400/2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942
WP(C).No.1400 OF 2021(Y)
PETITIONER:
SALIM K.B.
AGED 38 YEARS
S/O. BASHEER, KARISSERIL HOUSE, EDAVETTY P.O.,
THODUPUZHA, IDUKKI DISTRICT-685588.
BY ADVS.
SRI.G.HARIHARAN
SRI.PRAVEEN.H.
RESPONDENT:
1 REGISTERING AUTHORITY,
REGIONAL TRANSPORT OFFICE, KOTTAYAM-686001.
2 STATE BANK OF INDIA,
RACPC KOTTAYAM, OPP. BCM COLLEGE, K.K. ROAD,
KOTTAYAM-686001, REPRESENTED BY ITS ASSISTANT
GENERAL MANAGER.
3 SACHIN V. CHACKO,
VALIYAPARAMBIL MUKALAI HOUSE, KAIPUZHA P.O.,
KOTTAYAM DISTRICT-686602.
4 ADDL.R4.NATIONAL INFORMATICS CENTRE
CIVIL STATION, THRIKKAKARA, KAKKANAD, KERALA - 682
030, REPRESENTED BY ITS AUTHORIZED OFFICER.
(ADDITIONAL R4 IS IMPLEADED AS PER ORDER DATED
17/2/2021 IN I.A.1/2021 IN WP(C)1400/2021.)
OTHER PRESENT:
SR.GP BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.1400/2021 2
JUDGMENT
Dated this the 8th day of March 2021 Petitioner is an authorized agent of the second respondent bank. The 3rd respondent had purchased a car bearing registration number No.KL-05AR-3002 on availing finance from the second respondent. He purchased the vehicle and the vehicle was assigned registration No. No.KL-05AR-3002 from the first respondent office. Hypothication was duly noted in the RC book. Thereafter, since default was committed, the vehicle was taken possession of by the 2 nd respondent and it was entrusted to the safe custody with the petitioner who was authorised officer of the second respondent. Accordingly, he moved an application for issuance of fresh RC before the first respondent in relation to the above vehicle. The above application is Ext.P2. The grievance of the petitioner is that, the above application is not considered since the vehicle is black listed in view of the objection raised by the third respondent. RC status in relation to the vehicle is mentioned in Ext.P4. Prayer sought in the writ petition is for a direction to the first respondent to consider Ext.P2 as expeditiously as possible .
2. After hearing the learned counsel for the petitioner and learned senior Government Pleader, I am inclined to dispose of the writ petition W.P.(C) No.1400/2021 3 itself by directing the first respondent to consider Ext.P2, after giving reasonable opportunity to all the objectors including the 3 rd respondent, and pass appropriate orders in accordance with law, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. If the application is allowed, the additional 4 th respondent shall effect appropriate changes and that changes shall be uploaded on the website deleting black listing of the vehicle from the site.
The writ petition is disposed of as above.
Sd/-
SUNIL THOMAS
dpk JUDGE
W.P.(C) No.1400/2021 4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 24/06/2019
ISSUED BY THE ADVOCATE COMMISSIONER
APPOINTED BY THE CJM COURT, KOTTAYAM IN
CONNECTION WITH CMP NO.2134/2019 IN MC
NO.255/2019.
EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED
14/01/2021 MADE BY THE 2ND RESPONDENT
BEFORE THE 1ST RESPONDENT FOR THE ISSUANCE OF FRESH RC.
EXHIBIT P3 TRUE COPY OF THE AUTHORIZATION DATED 14/01/2021 ISSUED BY THE 2ND RESPONDENT IN THE NAME OF THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE RC STATUS RELATING TO VEHICLE NO. KL-05AR-3002 AT THE OFFICE OF THE 1ST RESPONDENT.