M/S. Ever Green Ginanciers v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 15TH DAY OF JANUARY 2015/25TH POUSHA, 1936 WP(C).No. 18477 of 2011 (H) ---------------------------- PETITIONER(S):
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1. M/S.EVER GREEN FINANCIERS, PARAVOOR BUILDING, CUTCHERRY.P.O., KOLLAM-13 REPRESENTED BY ITS MANAGING PARTNER, SHYLESH.S.
2. MITHUN T.ABRAHAM, PROPRIETOR, WINDSOR BANKERS, 10/573 THARAYILSSERIL BUILDINGS, THIRUVALLA-689 101. BY ADV. SRI.S.SANTHOSH KUMAR RESPONDENT(S):
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1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF TRANSPORT, THIRUVANANTHAPURAM-695001
2. THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, TRANS TOWERS THIRUVANANTHAPURAM-695001.
3. REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, CIVIL STATION KOLLAM-691 001.
4. REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, PATHANAMTHITTA-689645. BY GOVERNMENT PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 18477 of 2011 APPENDIX EXHIBITS P1TRUE COPY OF THE EXTRACT OF FIRM ISSUED BY THE REGISTRAR OF FIRM TO THE 1ST PETITIONER P1(a)- TRUE COPY OF THE RECEIPT DATED 22.9.2010 ISSUED BY THE THIRUVALLA MUNICIPALITY TO THE 2ND PETITIONER P2TRUE COPY OF THE CERTIFICATE OF REGISTRATION IN RESPECT OF VEHICLES BEARING REGISTRATION NO.KL-02-AB-8956 AND KL-Y-3735 P2(a)- TRUE COPY OF THE CERTIFICATE OF REGISTRATION IN RESPECT OF VEHICLES BEARING REGISTRATION NO.KL-31-B-5182 AND KL-33-B-6525 P3TRUE COPY OF THE CIRCULAR NO.13/2011 DATED 13.6.2011 ISSUED BY R2 P3(a)- TRUE COPY OF THE LETTER DATED 15.12.2010 OF THE ASSISTANT GENERAL MANAGER, RBI, THIRUVANANTHAPURAM P4TRUE COPY OF THE CIRCULAR NO.14/2011 DATED 28.6.2011 ISSUED BY R2 P5TRUE COPY OF THE RECEIPT DATED 28.6.2011 P6TRUE COPY OF THE INTERIM ORDER DATED 30.6.2011 IN W.P.(C). 17612/2011 ALONG WITH THE ORDER IN WP(C).17402/2011 //True Copy// P.A. To Judge
K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 18477 of 2011 - - - - - - - - - - - - - - - - Dated 15th January, 2015 - - - - - - - - - - - - - - - - - - - - - - - -
JUDGMENT
It is submitted that the 1st petitioner has a licence under the Kerala Money Lenders Act, 1958 (Act of 1958) and hence, in view of the Circular No.14/2011 dated 28.06.2011 issued by the Transport Commissioner, any hypothecation to be endorsed under Section 51 of the Kerala Motor Vehicles Act, 1988, would be permissible in the case of the 1st petitioner.
2. However, with respect to the 2nd petitioner, it is to be noticed that he does not have a licence to carry on financing activities either under the Reserve Bank of India Act or under the Kerala Money Lenders Act, 1958. Section 3 of the Act of 1958 prohibits any person from carrying on or continuing any business as a money lender without a licence
WP(C).18477/11 obtained under the Act of 1958. In such circumstances, despite the interim order granted, this Court refuses to consider the prayer for consideration of endorsement under Section 51 on the basis of the definition of the financier under Rule 2(d) of the Central Motor Vehicles Rules 1989. Any activity of finance carried on within the State would be illegal insofar as no licence having been obtained under the Act of 1958. This Court would not issue any direction to perpetrate an illegality.
The writ petition would stand disposed of as against the 1st petitioner and dismissed, with respect to the 2nd petitioner.
Sd/- K.VINOD CHANDRAN Judge Mrcs //True Copy//