M/S.Indus Ind Bank Ltd vs Regional Transport Officer on 8 October, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25564 of 2010(U)


1. M/S.INDUS IND BANK LTD.
                      ...  Petitioner

                        Vs



1. REGIONAL TRANSPORT OFFICER
                       ...       Respondent

2. S.JAYAKRISHNAN,

                For Petitioner  :SRI.G.HARIHARAN

                For Respondent  :GOVERNMENT PLEADER

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

 Dated :08/10/2010

 O R D E R
                           C.T. RAVIKUMAR, J.
                    --------------------------------------------
                        W.P.(C). NO.25564 OF 2010
                    --------------------------------------------

                  Dated this the 8th day of October, 2010


                                 JUDGMENT

The petitioner is a Company registered under the Companies Act,

1956 carrying banking activities. The second respondent has availed a

loan of Rs.5,90,000/- in the year 2007 for the purchase of a vehicle

bearing registration No.KL-2AB-1289. Upon the continued failure on the

part of the second respondent to pay off instalments towards the said loan

account, the petitioner has approached the High Court of Madras. On the

strength of Ext.P1 order of the High Court of Madras, the vehicle was re-

possessed by the petitioner. Even then the second respondent failed to

surrender the possession of the registration certificate relating to the

aforesaid vehicle. In the said circumstances, the petitioner has submitted

Ext.P2 application under Section 51(5) of the Motor Vehicles Act for

issuance of a fresh registration certificate, before the first respondent.

2. A counter affidavit has been filed by the first respondent in

this Writ Petition. It is stated thereunder that on receipt of Ext.P2

application, the first respondent has issued Ext.R1(a) registered notice to

W.P.(C) NO.25564/2010 2

the second respondent. Ext.R1(a) notice is dated 6.5.2010. Obviously, the

first respondent has already taken steps for the purpose of considering

Ext.P2 application submitted by the petitioner and for that purpose, the

first respondent has already issued Ext.R1(a) notice to the second

respondent. In the said circumstances, the first respondent is bound to

consider Ext.P2 application and pass orders thereon, in accordance with

law. The failure, wilful or otherwise, of the second respondent to respond

to the same cannot be a reason for deferring decision indefinitely, on

Ext.P2. In the circumstances, this Writ Petition is disposed of with a

direction to the first respondent to consider Ext.P2 application submitted

by the petitioner under Section 51(5) of the Kerala Motor Vehicles Act, for

issuance of a fresh registration certificate, expeditiously, at any rate, within

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

(C.T. RAVIKUMAR, JUDGE)

spc

W.P.(C) NO.25564/2010 3

C.T. RAVIKUMAR, J.

JUDGMENT

September, 2010

W.P.(C) NO.25564/2010 4