IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 11TH DAY OF NOVEMBER 2014/20TH KARTHIKA, 1936 WP(C).No. 6693 of 2009 (F) --------------------------------------
PETITIONER(S):
-----------------------
M.C.RATNAKUMAR, MANJADI HOUSE, PONNURUNNI, VYTTILA P.O., ERNAKULAM, KOCHI-19.
BY ADVS.SRI.K.P.JUSTINE SRI.PRATHEUSH.M.ANAND RESPONDENT(S):
-------------------------
1. THE REGIONAL TRANSPORT AUTHORITY, REPRESENTED BY ITS SECRETARY, ERNAKULAM.
2. SRI.P.V.ISMAIL, S/O.VEERAN, PARAKKATTU VEEDU, ASOKAPURAM, ALUVA EAST VILLAGE, ALUVA.
3. M/S:SAKTHI FINANCE LTD., ERNAKULAM, COCHIN-682 016.
4. THE SUB INSPECTOR OF POLICE, PALARIVATTOM POLICE STATION, PALARIVATTOM.
R1 & R4 BY GOVERNMENT PLEADER SRI.ABHIJETT LESSLI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-11-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
msv/ WP(C).No. 6693 of 2009 (F) ----------------------------------------
APPENDIX PETITIONER(S)' EXHIBITS -------------------------------------
EXT. P1: TRUE COPY OF THE R.C.BOOK AND PERMIT TO THE PETITIONER.
EXT. P2: TRUE COPY OF THE AGREEMENT DATED 24.5.2007 EXECITED BETWEEM THE PETITIONER AND 2ND RESPONDENT.
EXT. P3: TRUE COPY OF THE LETTER SUBMITTED BY THE M/S: SAKTHI FINANCE LTD.
EXT. P4: TRUE COPY OF THE JUDGMENT DATED 29.8.2008 IN WP(C) NO.25955/2008. EXT. P5: TRUE COPY OF THE LETTER NO. R4-116966/08/E OF THE RTO.
EXT.P6: TRUE COPY OF THE PROCEEDINGS NO.R4-67125/08E DATED 22.11.2008 ISSUED BY THE 1ST RESPONDENT.
EXT. P7: TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXT. P8: TRUE COPY OF NOC ISSUED BY M/S: SAKTHI FINANCE LTD. TO THE PETITIONER.
EXT. P9: TRUE COPY OF PROCEEDINGS NO.R4-67125/08/E DATED 6.1.2009 ISSUED BY THE REGISTERING AUTHORITY, ERNAKULAM.
EXT. P10: TRUE COPYOF THE COMPLAINT DATED 22.1.2003 FILED BY THE PETITIONER BEFORE SUB INSPECTOR OF POLICE, PALARIVATTOM.
EXT. P11: TRUE COPY OF THE RECEIPT NO.53/09 DATED 7.2.2009 ISSUED BY THE SUB INSPECTOR OF POLICE, PALARIVATTOM.
RESPONDENT(S)' EXHIBITS:
-----------------------------------------
NIL //TRUE COPY// P.S.TO JUDGE.
Msv/ K.Vinod Chandran, J.
----------------------------------------
W.P.(C).No.6693 of 2009-F -----------------------------------------
Dated this the 11th day of November, 2014
JUDDGMENT
The petitioner was aggrieved by the seizure of the vehicle by the 3rd respondent, the financier. Admittedly the petitioner had availed of a loan from the 3rd respondent and purchased a stage carriage, which was operated on a valid regular permit. The petitioner's contentions are that the petitioner had entrusted the vehicle to one another, the 2nd respondent, on the basis of an agreement, for operation and it was his responsibility, as per the terms of the contract, to satisfy the finance. However, the 2nd respondent, who was the transferee of the vehicle, failed to pay the instalments and there was default in the finance availed as also the motor vehicles tax.
2. In any event, the 3rd respondent, financier, had taken possession of the vehicle. The writ petition is filed seeking release of the vehicle from the 3rd respondent as also for issuance of fresh Certificate of Registration. Release of the vehicle from the financier is not a matter which could be dealt with under Article 226 of the Constitution of India.
WP(C).No.6693 of 2009 - 2 -
Issuance of fresh Certificate of Registration to a vehicle under hypothecation is regulated by Section 51 of the Motor Vehicles Act, 1988 read with Rule 61 of the Central Motor Vehicles Rules, 1989. The petitioner has admittedly not followed such procedure. The terms of the agreement between the petitioner and the 3rd respondent cannot also be looked into in the above writ petition. The petitioner, hence, necessarily has to avail of the alternate remedies.
The writ petition would stand dismissed. No costs.
vku.
Sd/-
K.Vinod Chandran, Judge ( true copy )