Kerala High Court
WP(C)/11441/2025 of JITHIN MOHANAN, Vs THE REGIONAL TRANSPORT OFFICER (RTO), on 3 April 2025
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 11441 OF 2025 PETITIONER/S: JITHIN MOHANAN, AGED 31 YEARS S/O. MOHANAN M.V., MANGALATHUPARAMBIL, MALAYATTOOR P.O., ERNAKULAM, PIN - 683587 BY ADVS.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947
WP(C) NO. 11441 OF 2025
PETITIONER/S:
JITHIN MOHANAN,
AGED 31 YEARS
S/O. MOHANAN M.V., MANGALATHUPARAMBIL, MALAYATTOOR
P.O., ERNAKULAM, PIN - 683587
BY ADVS.
B.PRAMOD
ATHUL M.V.
AJAY S. KOSHY
RESPONDENT/S:
THE REGIONAL TRANSPORT OFFICER (RTO),
CIVIL STATION, AYYANTHOLE P.O., THRISSUR, KERALA, PIN - 680003
EQUITAS SMALL FINANCE BANK LTD.,
GROUND FLOOR, VAZHAPILLY TOWER, NEAR SUN MEDICAL
RESEARCH CENTRE, SAKTHAN NAGAR P.O., THRISSUR, REPRESENTED BY ITS MANAGER, PIN - 680001
MR. ALFRED THOMAS,
PROPRIETOR, MTS GROUPS, DOOR NO.18/7-1, NEW
7/1059-1, MANNUTHY BYPASS JUNCTION, MANNUTHY, THRISSUR, PIN - 680651
BY ADV S.LAKSHMY
OTHER PRESENT:
SRI. SREEJITH V.S., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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JUDGMENT
The petitioner claims to be an auction purchaser in respect of a vehicle sold in auction by the 2nd respondent-finance company. The vehicle was registered in the name of the 3rd respondent and according to the 2nd respondent, the vehicle was surrendered by the 3rd respondent, after default was committed in repayment of the liability to the 2nd respondent. The petitioner is aggrieved by the fact that the 1st respondent is not issuing a fresh registration certificate in the petitioner's name.
2. The learned Government pleader submits that the application for transfer of the registration of the vehicle in the name of the petitioner can be considered with notice to the petitioner, 2nd respondent and the 3rd respondent.
3. The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if the 1st respondent- Regional Transport Officer is directed to take a decision on the application for transfer within a time frame to be fixed by this Court.
Having heard the learned counsel for the petitioner, learned Government Pleader and the learned counsel appearing for respondents 2 and 3, this writ petition will stand disposed of directing that the application filed for transfer of the ownership of the vehicle in question (Ext.P2) in favour of the petitioner shall be considered by the 1st respondent with notice to the petitioner and respondents 2 and 3 within a period of one month from the date of receipt of a certified copy of this judgment.
Sd/-
GOPINATH P. JUDGE Scl/
APPENDIX OF WP(C) 11441/2025 PETITIONER EXHIBITS Exhibit P-1 A TRUE COPY OF THE VEHICLE RELEASE LETTER DATED 06.02.2025 ISSUED BY THE 2ND RESPONDENT Exhibit P-2 A TRUE COPY OF THE APPLICATION DATED 13.03.2025 FOR ISSUANCE OF A FRESH CERTIFICATE OF REGISTRATION SUBMITTED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT Exhibit P-3 A TRUE COPY OF THE JUDGEMENT 01.08.2024 IN W. P. (C) NO.27445 OF 2024 PASSED BY THIS HON’BLE COURT