IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 WP(C).No. 2294 of 2011(J) ------------------------- PETITIONER(S): --------------- RAMACHANDRAN PILLAI, AGED 44, S/O.PADMANABHA PILLAI, PADMA VILASAM, MANNANCHERRY P.O., CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.K.C.SUDHEER RESPONDENT(S): --------------- 1. REGIONAL TRANSPORT OFFICER, ALAPPUZHA OFFICE AT CIVIL STATION, ALAPPUZHA. 2. STATE BANK OF INDIA, ADB BRANCH, ALAPPUZHA, REP.BY ITS BRANCH MANAGER, MULLACKAL, ALAPPUZHA. R1 BY GOVERNMENT PLEADER SRI.BASANT BALAJI R2 BY SRI.R.S.KALKURA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/01/2011, THE COURT ON 31/01/2011 DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.2294 of 2011 ----------------------------------------- Dated this the 31st day of January, 2011 JUDGMENT The petitioner is the owner of a goods vehicle bearing registration No. KL-4 U 982. The goods permit issued to the said vehicle was valid till 26.1.2011. The vehicle belonging to the petitioner is hypothecated to the Agricultural Development Branch of the State Bank of India, Alappuzha. This writ petition is filed seeking a direction to the first respondent Regional Transport Officer, Alappuzha, who is also the Secretary of the Regional Transport Authority, Alappuzha, to renew Ext.P2 goods permit. The petitioner also seeks a direction to the respondents (evidently meaning the first respondent) to consider Exts.P4 and P5 and to grant renewal of the permit with or without a No Objection Certificate. The writ petition proceeds on the basis that for non- payment of the loan availed from the second respondent bank, the bank has initiated recovery proceedings and has taken possession of the property and as the right of the bank to proceed against the property is safeguarded the bank should issue a No W.P(C).No.2294 of 2011 -:2:- Objection Certificate to enable the petitioner to seek renewal of the goods permit of his goods vehicle. 2. When the writ petition came up for admission on 24.1.2011 the learned standing counsel appearing for the second respondent bank was directed to get instructions. When the writ petition came up for admission today Sri.R.S.Kalkura, leaned standing counsel appearing for the second respondent bank, submitted on instructions that till date the bank has not received the original of Ext.P4 and that the writ petition was filed on the false plea that the petitioner's request for a No Objection Certificate is pending with the second respondent bank. Sri.Sudheer.K.C. learned counsel appearing for the petitioner submitted that pursuant to the application filed by the petitioner before the Regional Transport Officer for renewal of the goods permit, the Regional Transport Officer had sent a letter dated 24.1.2011 directing him to produce a No Objection Certificate from the financier of the vehicle and that in such circumstances the bank may be directed to issue a No Objection Certificate to enable the petitioner to seek renewal of the goods permit of his W.P(C).No.2294 of 2011 -:3:- goods vehicle. The original of the letter dated 24.1.2011 referred to above was made available to me. The said letter reads as follows:- “C1/5809/2010/A Regional Transport Office, Alappuzha, dtd. 24.1.11 From Regional Transport Officer, Alappuzha To Ramachandra Pillai, Padmavilasam, Mannancherry PO, Alappuzha. Sir, Sub: M.Vs.KL-4-U-982-NoObjection Certificate called for reg. Ref:- Your application dtd. 24.01.2011 With reference to the above you are directed to produce No Objection Certificate from the concerned financier in respect of the vehicle for considering your application. Yours faithfully, Sd/- For Regional Transport Officer,Alappuzha” It is evident from the letter dated 24.1.2011 referred to above that the petitioner's application for renewal of the goods carriage permit in relation to the vehicle described in Ext.P1 certificate of registration is dated 24.1.2011. This writ petition was filed on W.P(C).No.2294 of 2011 -:4:- 20.1.2011 contending that the petitioner's application for renewal of the goods permit is already pending before the Regional Transport Officer, Alappuzha. It is evident from the contents of the letter dated 24.1.2011 extracted above that as on 20.1.2011 when this writ petition was filed the petitioner had not applied to the first respondent for renewal of the goods permit. The application was filed only on 24.1.2011, four days after the writ petition was presented in this Court. The petitioner has thus filed this writ petition on averments which are false. I therefore decline jurisdiction and dismiss the writ petition with costs Rs.5,000/- payable to the Regional Transport Officer, Alappuzha. It will be open to the Regional Transport Authority, Alappuzha to enforce payment of the above amount as and when the petitioner moves him for renewal of the goods permit. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.2294 of 2011 ---------------------------- JUDGMENT 31st January, 2011