IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
SIVAN K.D. – Appellant
Versus
REGIONAL TRANSPORT AUTHORITY – Respondent
WP(C) NO. 44439 OF 2025
| Table of Content |
|---|
| 1. petition for mandamus regarding vehicle repossession. (Para 1 , 2 , 3) |
| 2. direction for consideration of representation. (Para 4) |
| 3. final decision on the writ petition. (Para 5) |
JUDGMENT
This writ petition is filed for the following reliefs:-
“(i) Issue a writ of mandamus or any other appropriate writ, order or direction restraining the 5th respondent from transferring, issuing or effecting any new Registration Certificate (RC) in respect of the petitioner’s vehicle, in the event of any re-possession or sale by the 4th respondent, without notice to the petitioner.
(ii) Issue a writ of mandamus or other appropriate writ, order or direction commanding the 4th respondent to permit the petitioner to clear the entire outstanding loan arrears under a one-time settlement scheme, within a reasonable time as this Hon’ble Court may fix.
(iii) Issue a writ of mandamus or any other appropriate writ, order or direction, directing that in the event of re-possession of the petitioner’s vehicle by the 4th respondent, the 2nd respondent shall conduct an independent valuation and determine the fair market value of the vehicle, after giving prior notice to the petitioner.”
2. The petitioner has submitted Ext.P1 representation before the 5th respondent objecting to the issuance of new RC to the 4th respondent.
3. The 4th respondent, the vehicle has filed a statement and paragraph No.5 thereof reads as follows:-
“5. The relief sought in the writ petition is confined to restraining the 5th respondent from transferring or issuing a new Registration Certificate and to consider a representation dated 29.10.2025. Once the vehicle has been lawfully repossessed under orders of a competent court and thereafter sold, the consequential transfer of registration is only a statutory formality flowing from the sale. The petitioner has no subsisting right over the vehicle after repossession and sale, and therefore no enforceable legal right survives to seek a writ of mandamus.”
4. The limited prayer of the petitioner is for a consideration of Ext.P1 representation by the 5th respondent.
5. In the facts and circumstances of the case and having regard to the submissions made across the Bar, there will be a direction to the 5th respondent to consider Ext.P1, in accordance with law, with notice to the petitioner and the 4th respondent, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment.
The writ petition is disposed of.
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