IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WP(C).No. 34591 of 2008(R) ---------------------------------------- PETITIONER(S): ------------------------- SUNNY GEORGE, S/O. GEORGE OOMEN, AGED 56 YEARS, RESIDING AT MALLASSERIYIL, KUTTIYEL HOUSE, THAIKKATTUKARA, ALUVA AND NOW RESIDING AT ALUNGAL HOUSE, THEKKUMBHAGOM, PUTHEYAKAVU, THRIPUNITHURA. BY ADV. SRI.C.A.JOY SRI.ARUN KRISHNAN RESPONDENT(S): ---------------------------- 1. JOINT RTO, SUB REGIONAL TRANSPORT OFFICE, ALUVA. 2. INTEGRATED FINANCE COMPANY LIMITED, RAVIPURAM, ERNAKULAM. GOVERNMENT PLEADER SMT. SUDHADEVI FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 34591 of 2008 ------------------------------------ Dated this the 9th day of January, 2009 JUDGMENT Petitioner states that he had applied for the renewal of his contract carriage permit. Exhibit P5 is the receipt showing the remittance of fee. It is stated that as per Exhibit P6, the application was returned with an endorsement requiring the petitioner to produce No Objection Certificate from the financier of the vehicle. Petitioner by Exhibit P8 made a declaration that it is not possible for him to obtain NOC, as the company is under liquidation. It is stated that since the company is under liquidation, it is not possible to obtain NOC from the financier. Once a declaration has been made as above, the course open is that the first respondent shall issue notice to the financier and consider the application of the petitioner instead of refusing to consider the application for want of NOC. Therefore, the writ petition is disposed of directing that the petitioner shall re-present the application along with Exhibit P8 and on receipt thereof, first respondent shall issue notice to the second W.P.(C) No. 34591 of 2008 2 respondent and thereafter consider the application on merits and pass appropriate order. Petitioner may produce a copy of this judgment before the first respondent, who on receipt of the application shall complete the process as expeditiously as possible at any rate within six weeks of production of copy of this judgment. ANTONY DOMINIC, JUDGE scm