ASHOKAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner was the successful bidder for auto rickshaw bearing Registration No. KL-8/l-8943 in the auction for sale conducted by the 3rd respondent Assistant Excise Commissioner. One Mr. Saji was the registered owner of that vehicle. It was purchased by him, availing the finance provided by the 4th respondent. So, there was an endorsement of the hypothecation arrangement in the R. C. book of that vehicle. Later, the vehicle was involved in an abkari offence and the 3rd respondent confiscated the vehicle under S. 67b of the Kerala Abkari Act. THEreafter, it was sold in public auction. THE petitioner purchased it and moved for registration of the vehicle in his name. THE same was allowed by the 2nd respondent, but the hypothecation arrangement with the 4th respondent was also endorsed in the R. C. book. THE petitioner caused to issue Ext. P4 lawyer notice to the 2nd respondent to delete that endorsement. When there was no response from the part of the said respondent, this Writ Petition was filed, seeking appropriate reliefs.

(2.) THE 4th respondent financier has filed a counter affidavit, in which it is submitted that he was not aware of the seizure or confiscation of the vehicle. At the time of transfer of the registration, notice was issued to it. So, it informed the registering authority, the existing liability in relation to the said vehicle under the finance arrangement and therefore, in the light of S. 51 (1) of the Motor Vehicles Act, the endorsement was made in the R. C. book. According to the 4th respondent, there is nothing illegal about it.