1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.14330 of 2011 and M.P.(MD).No.1 of 2011 M/s. Wahith Motor Service Firm, No.247, Kamarajar Salai, Madurai. represented by its Managing Partner, Mr.M.Abdul Akbar. ... Petitioner Vs. The Regional Transport Officer, Ramanathapuram. ... Respondent Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the respondent herein to accept the application of the petitioner dated 21.09.2011 returned by the respondent on 19.10.2011 and renew the petitioner's application for the bus bearing registration No.TN 59 V 2044 for passengers and passenger goods for the period of 5 years from 01.01.2012 to 31.12.2016 without insisting the original R.C.Book, fitness certificate, insurance and the no objection certificate from the petitioner. For Petitioner : Mr.F.Deepak For Respondent : Mr.T.R.Janarthanan Additional Govt. Pleader O R D E R The petitioner has filed the present Writ Petition seeking for the issuance of a Writ of Mandamus to direct the respondent, the Regional Transport Officer, Ramanathapuram, to accept the application of the petitioner, dated 21.09.2011, returned by the respondent on 19.10.2011, so as to renew the petitioner's application for the bus bearing registration No.TN 59 V 2044 for passengers and passenger goods for a period of 5 years from 01.01.2012 to 31.12.2016, without insisting the original R.C.Book, fitness certificate, insurance and no objection certificate from the petitioner's financier. 2. Mr.T.R.Janarthanan, learned Additional Government Pleader takes notice for the respondent. 3. The issue arised in the present Writ Petition whether the respondent, who accept the petitioner's application for renewal of the permit, should insist upon production of R.C. Book, fitness certificate, insurance and the no objection certificate from the petitioner's financier, has been already decided in W.P.(MD).No.8712 of 2009 dated 12.10.2009. Therefore, it is useful to extract paragraph Nos.3 and 4 of the said order. https://hcservices.ecourts.gov.in/hcservices/ 2 "3. Mr.R.Manoharan, the learned Government Advocate for the respondent submitted that the authority has only requested the petitioner to pay the necessary fees and produce the original RC Book and No Objection Certificate from the Financier for renewal of the permit by letter dated 07.08.2009. The petitioner has applied to the Financier only in the 1st week of September 2009 and according to him no reply has been sent and it is not known whether the Financier has sent reply or not. However, the fact remains that after the communication by the respondent only the petitioner has sent a letter to the Financier to issue No Objection Certificate. 4. Hence, the petitioner is directed to approach the respondent enclosing the letters sent by the petitioner to the Financier and also invite the attention of the respondent to the provisions of Section 51 (6) and (7) of the Motor Vehicles Act and on receipt of the representation of the petitioner the respondent is directed to consider the representation of the petitioner if it is in order without insisting the production of original RC Book and pass necessary orders for renewal of permit within a period of two weeks." 4. As this Court has already decided that the respondent should not insist upon the petitioner to produce the original R.C.Book and other documents, I am inclined to follow the same order, by directing the petitioner to approach the respondent by enclosing the letters sent by the petitioner to the financier and also invite the attention of the respondent to the provisions of Section 51 (6) and (7) of the Motor Vehicles Act and thereupon, the respondent is directed to consider the petitioner's representation, if it is in order, without insisting upon the production of original R.C.Book, and pass necessary orders for renewal of permit within a period of three weeks from the date of receipt of a copy of this order. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (Records) / True Copy / Sub Assistant Registrar To The Regional Transport Officer, Ramanathapuram. +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR : 46006 +1CC TO MR.F.DEEPAK, ADVOCATE SR : 45817 Akv SR : 27.12.2011 : 2p/4c W.P.(MD)No.14330 of 2011 22.11.2011 https://hcservices.ecourts.gov.in/hcservices/