SIDHARTHAN, KOLANGARAPPARAMBILQ Vs. SECRETARY

JUDGEMENT

(1.) CONTROVERSY in these writ petitions are connected and pertains to a stage carriage bearing registration No.KL-08/AH 2727.

(2.) PETITIONER in W.P.(c) No.17661 of 2012, Sri.Sidharthan, has filed the writ petition stating that he entrusted the Registration Certificate of the vehicle to the petitioner in W.P.(c) No.21403 of 2012, Sri.Radhakrishnan. He says that he was informed that the RC was lost and that thereupon he applied to the RTO, Thrissur, the Registering Authority, to issue a duplicate RC. Thereupon, RTO issued notice, a copy of which is Ext.P4 in W.P.(c) No.17661 of 2012.

(3.) SRI .Radhakrishnan mentioned above has filed W.P.(c) No.21403 of 2012. According to him, as per the agreement between him and the petitioner in W.P.(c) No.17661 of 2012, a copy of which is Ext.P1 in this writ petition, vehicles mentioned therein were exchanged between the parties and that in respect of the vehicle No.KL-08/AH 2727, there was a subsisting Hire Purchase liability with Messers Sundaram Finance, Tirur Branch, which, as per the agreement, was to be cleared off by the petitioner in W.P.(c) No.17661 of 2012. It is stated that the financier was unwilling to continue the arrangement and therefore, at the request of the petitioner in W.P.(c) No.17661 of 2012, he paid off Rs.4,90,000.00 to the financier and that as security thereof, the petitioner in W.P.(c) No.17661 of 2012 was allowed to retain the Registration Certificate. He also says that however, in order to enable the petitioner in W.P.(c) No.17661 of 2012 to obtain temporary permits, the registration was transferred. It is stated that sofar he has not discharged the liability due to him and that suppressing all these facts, the petitioner in W.P.(c) No.17661 of 2012 made the application for duplicate Registration Certificate. According to him, on coming to know of the application thus made, he filed his objections before the RTO, Thrissur and also has filed O.S.No.308 of 2012 before the Sub Court, Ottapalam for recovery of his amount and produced the original RC book before that Court.