SREENIVASAN.M Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is the registered owner of medium goods vehicle bearing registration No.KL- 12/J-972, covered by Ext.P1 certificate of registration, a vehicle purchased after availing hire purchase facility from the 3rd respondent financier, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2nd respondent Regional Transport Authority to renew the validity of Ext.P4 goods carriage permit. The petitioner has also sought for other consequential reliefs, including a writ of mandamus commanding the 2 nd respondent to consider Ext.P6 application for renewal of Ext.P4 goods carriage permit and pass orders, in view of the provisions under sub-section (9) of Section 51 of the Motor Vehicles Act, 1988 within a time frame to be fixed by this Court.

(2.) Heard the learned counsel for the petitioner and also the learned Senior Government Pleader appearing for respondents 1 and 2. Considering the nature of relief proposed to be granted, service of notice on the 3rd respondent is dispensed with.

(3.) The pleadings and materials on record would show that the vehicle covered by Ext.P1 certificate of registration is one purchased by the petitioner, after availing hire purchase facility from the 3rd respondent financier. The 3rd respondent financier has already obtained an award on 19.12.2015 for a sum of Rs.6,90,988/- together with interest at the rate of 36% per annum from 31.08.2015 to 19.12.2015 and thereafter, at the rate of 24% per annum from 20.12.2015 onwards. According to the petitioner, after the said award, he has remitted a sum of Rs.5,27,000/- towards hire charges. Now E.P.No.22 of 2017 filed by the 3rd respondent financier is pending consideration before the Additional Sessions Court- II, Wayanad for realising an amount of Rs.9,45,244/-.