IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 WP(C).No. 24023 of 2010(C) ----------------------------------------- PETITIONER(S): -------------------------- RAJASEKHARA.B., DWARAKA NAGAR, KARANDAKKAD, KASARAGOD VILLAGE, KASARAGOD DISTRICT, PIN-671 121. BY ADVS. SRI.SAJEEV KUMAR K.GOPAL, SMT.AMBIKA RADHAKRISHNAN. RESPONDENT(S): ---------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, KASARAGOD-671 121, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KASARAGOD-671 121. 3. M/S.SHRIRAM TRANSPORT FINANCE CO.LTD., MANGALORE LEGAL ZONE, 1ST FLOOR, SUNVIEW COMPLEX, NEAR NANTHOOR JUNCTION, NANTHOOR, MANGALORE-575 001. R1 & R2 BY GOVERNMENT PLEADER SRI. K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J ........................................... WP(C).NO.24023 OF 2010 ............................................ DATED THIS THE 10TH DAY OF AUGUST, 2010 JUDGMENT The complaint of the petitioner in this writ petition is that an application for regular permit submitted by him has not been considered or disposed of for the reason that a No Objection Certificate has not been issued by the financier of the vehicle. The petitioner had earlier approached this court by filing WP(C)No.1454 of 2009, which was disposed of by Ext.P3 judgment dated 16.7.2009 directing the first respondent to consider the application submitted by the petitioner in accordance with the procedure contemplated by Section 51(9) of the Motor Vehicles Act, 1988. It has also been directed in Ext.P3 that final orders on the application submitted by the petitioner shall be passed by the Registering Authority after notice to financier also within six weeks from the date of receipt of a copy of the judgment of this court. However, according to the petitioner, the direction of this court has not been complied with. Instead, Ext.P5 notice dated 19.10.2009 has been issued to both the financier as well as Wpc 24023/2010 2 the petitioner soliciting their reply. 2. It is pointed out by the counsel for the petitioner that the procedure of issuing a notice as evidenced by Ext.P5 is not contemplated by law. The counsel submits that the respondents may therefore be directed to comply with the direction in Ext.P3 judgment. 3. The learned Senior Government Pleader Mr.K.C.Santhosh Kumar on instructions submits that Ext.P5 had been issued within the time stipulated by this court in Ext.P3 judgment but that matter was got adjourned at the instance of the petitioner. He assures that the matter would be considered and finalised at the next meeting of the first respondent or within a period of two weeks from the date of receipt of a copy of this judgment, whichever is earlier. In view of the above assurance, this writ petition itself can be disposed of recording the said undertaking. 4. In the above circumstances, this writ petition is disposed of directing the first respondent to finalise the proceedings in compliance with the direction of this court contained in Ext.P3 judgment and to pass final orders on the application for renewal of permit submitted by Wpc 24023/2010 3 the petitioner by placing the same before the next meeting of the RTA, Kasargod, or within a period of two weeks from the date of receipt of a copy of this judgment, whichever is earlier. The petitioner shall produce a copy of this judgment before the first respondent for prompt compliance. K.SURENDRA MOHAN, JUDGE lgk