Court emphasized due process in vehicle registration and financing, directing timely consideration of requests.

J U D G M E N T

The writ petition seeks a direction to the 1^st respondent to cancel the blacklisting of the vehicle mentioned in Ext.P1 and also to consider the request for cancellation of the HP endorsement made in the registration certificate of the vehicle bearing registration No.KL-53K- 5741. The 2^nd petitioner submits that the issue is covered in his favour by Ext.P9 judgment of this Court in WA No.1756 of 2023.

2. It is submitted that the 2^nd petitioner had availed a loan from the 1^st petitioner Bank for the purchase of a JCB bearing Registration No.KL-53K-5741. The said vehicle was covered with a hypothecation availment with M/S Shakthi Finance Ltd, Palakkad, the additional 4^th respondent.

3. The 2^nd petitioner approached the 1^st petitioner for the purchase of the vehicle for providing an advance loan of Rs.7,10,000/-, which was granted by the 1^st petitioner. The registered owner of the vehicle had executed an indemnity bond in favour of the 1^st petitioner, along with the 2^nd petitioner, undertaking the liability to pay a sum of Rs.7,10,000/-, towards the amount advanced by the 1^st petitioner. Consequent to the payment of the amount due to the existing finance, namely, Shakthi Finance Ltd., Palakkad, on 15.03.2024, they have issued an NOC for effecting cancellation of HP and the required Form under Form No.35 for effecting termination of the HP endorsement was also addressed to the 1^st respondent, as seen from Ext.P6. It is in that background that the writ petition is filed with the prayers stated above.

4. The learned Government Pleader, on instructions, submits that the request of the petitioners was not considered on account of the objection from the additional 3^rd respondent.

5. Taking note of the fact that Ext.P6 is pending consideration before the 1^st respondent, there will be a direction to the said respondent to pass orders on the same, in accordance with law, with notice to the petitioners and additional respondents 3 and 4. Appropriate orders shall be passed within six weeks from the date of receipt of a copy of this judgment. Needless to say, Ext.P9 judgment shall also be adverted to while taking a decision, as directed above.

The writ petition is disposed of as above.