Procedural legality upheld; lender's notifications of default validated, dismissal of petition confirmed.

JUDGMENT

The petitioner challenges Ext.P6 order dated 01.10.2024, passed by the Sub-Regional Transport Officer, Kanjirapally. 2. The petitioner was initially the owner of the vehicle bearing Registration No. KL-34/H-5215, purchased after availing finance from the 2^nd respondent. Consequent to the default in repayment, the petitioner surrendered the vehicle on 30.08.2023. Thereafter, in an auction, the vehicle was purchased by the 3^rd respondent.

3. The petitioner had earlier filed W.P.(C) No. 40015 of

2023, contending that the repossession of the vehicle by the financier was illegal. This Court noticed the contention on behalf of the financier that the vehicle was, in fact, surrendered and not repossessed and later sold. The said writ petition was closed, giving liberty to the petitioner to invoke the alternate remedies available.

4. Thereafter, the 3^rd respondent herein had filed W.P.(C)

No.27445 of 2024 seeking a direction to the transport authority to issue a fresh registration certificate. As per the judgment dated 01.08.2024, a direction was issued to decide on the issuance of a new registration certificate to the petitioner therein, after issuing notice for hearing the financier and the writ petitioner herein. Thereafter, Ext.P6 order was passed, which shows that notice was issued to the petitioner. Since the petitioner had not repaid the defaulted amount or produced any orders in her favour from any authority, through Ext.P6, a decision was taken to grant a fresh registration certificate to the 3^rd respondent.

5. After hearing the learned counsel appearing for the financier and the learned Government Pleader, I do not find any illegality in the procedure adopted or in passing Ext.P6 order. A perusal of the counter affidavit filed by the financier shows that several notices were issued intimating the defaults, but no steps were taken.

Under such circumstances, there is no merit in the writ petition, and the same will accordingly stand dismissed.

Sd/-