IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17715 of 2008(H)
1. JOSEPH KURIAN, AGED 34 YEARS,
... Petitioner
Vs
1. REGIONAL TRANSPORT OFFICER,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
3. FAISAL, S/O.MUTHU, THERUVATH HOUSE,
4. SREENIVASAN, CHALATHOORVALAPPIL HOUSE,
5. THE MANAGER, ICICI BANK LTD.,
For Petitioner :SRI.P.K.SAJEEV
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :13/06/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 17715 OF 2008 H
====================
Dated this the 13th day of June, 2008
J U D G M E N T
Petitioner submits that he had purchased a car, availing of hire
purchase from the 5th respondent. It is stated that the vehicle was
entrusted to the 3rd respondent on rental basis. According to him, the 3rd
respondent misused the vehicle and the registration certificate which was
also in his custody. It is stated by the petitioner that thereupon he filed a
complaint on this and a crime has been registered against the 3rd
respondent. Petitioner submits that as the 3rd respondent did not return
the registration certificate, he had applied for a duplicate Registration
Certificate and that the same was declined by the Registering Authority
stating that going by the records, the 4th respondent was the registered
owner.
2. It is contended that even if any such action has been effected
that has been done without complying with the procedural requirements of
Section 51 of the Motor Vehicles Act, 1988. According to him, neither he
nor the financier had agreed for such a change of ownership. Thereupon
the petitioner filed Ext.P12 complaint before the 1st respondent and in this
WPC 17715/08
:2 :
writ petition what is sought for by the petitioner is that the 1st respondent
should take note of Ext.P12 and pass orders thereon.
3. In the facts as stated by the petitioner, I feel if Ext.P12 has
been received, the 1st respondent should take necessary action thereon.
4. Accordingly, I dispose of this writ petition directing that the 1st
respondent shall take note of Ext.P12, consider the same with notice to
the petitioner and respondents 3 to 5 and pass orders thereon. This the 1st
respondent shall do, as expeditiously as possible and at any rate within 8
weeks of production of a copy of this judgment.
Petitioner shall produce a copy of this judgment before the 1st
respondent for compliance.
ANTONY DOMINIC,JUDGE.
Rp