P.M. Deepa vs The Regional Transport Officer on 19 November, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34218 of 2010(B)


1. P.M. DEEPA, ULLERY HOUSE,
                      ...  Petitioner

                        Vs



1. THE REGIONAL TRANSPORT OFFICER,
                       ...       Respondent

2. M/S. SHRIRAM TRANSPORT FINANCE

                For Petitioner  :SRI.O.D.SIVADAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :19/11/2010

 O R D E R
                        C.T. RAVIKUMAR, J
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                  W.P.(C)No. 34218 OF 2010
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       Dated this the 19th day of November, 2010


                          J U D G M E N T

The petitioner is the registered owner of a stage

carriage bearing registration No. KL 13/J 254. The said

vehicle is hypothecated with the second respondent.

According to the petitioner the entire loan amount has been

repaid and thereupon, for getting the hypothecation

termination letter for the purpose of cancellation of the

hypothecation endorsement in the registration certificate she

has already approached the second respondent. In fact,

Ext.P3 is the letter issued to the second respondent carrying

the said request. The letter has been returned unclaimed.

Thereupon, the petitioner approached the first respondent by

filing Ext.P4 application for cancellation of hypothecation.

According to the petitioner, in terms of the provisions under

section 51(7) of the Motor Vehicle Act, the first respondent

should have taken appropriate steps for cancelling the

hypothecation endorsement in the registration certificate.

This writ petition has been filed on being aggrieved by the

WPC.No.34218/2010
: 2 :

inaction on the part of the first respondent in taking

appropriate steps on Ext.P4.

I have heard the learned counsel for the petitioner as

also the learned Government Pleader. The learned

Government Pleader submits that Ext.P4 application will be

considered by the first respondent after issuing notice to the

second respondent. This is recorded. Accordingly, this writ

petition is disposed of with a direction to the first respondent

to consider Ext.P4 application for cancellation of

hypothecation endorsement in the registration certificate

pertaining to the vehicle bearing No. KL 13/J 254, in

accordance with law, with notice to the second respondent as

well. This shall be done expeditiously, at any rate, within a

period of one month from the date of receipt of a copy of this

judgment.

Sd/-

                                  (C.T. RAVIKUMAR, JUDGE)

jma        //true copy//

                                      P.A to Judge