1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14/09/2011 C O R A M THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD) No.9281 of 2011 and M.P.(MD).No.1 of 2011 V.Vijayakumar ... Petitioner Vs. Secretary, Regional Transport Authority, Kanyakumari District, at Nagercoil. ... Respondent Petitions filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, to direct the respondent to issue transport permit for the petitioner's bus bearing Registration No.TN-74-Y-2994 from Thakklay to Mandhavilai, as per the provisions of Section 51(6 )& (7) of Motor Vehicles Act. For petitioner .. Mr.F.Deepak For respondent .. Mr.T.S.Mohamed Mohideen, Additional Government Pleader ORDER According to the petitioner, he is the owner of the bus bearing Registration No.TN-74-Y-2994. He has obtained a valid permit from the Regional Transport authority for stage carriage mini bus for carrying passengers from Thukkalai to Mandhavilai. The permit is valid up to 11.01.2011. When the petitioner made an application for renewal of permit on 07.10.2011, the same was not considered on the ground that a no objection certificate was not produced by him. According to the petitioner, only due to exorbitant demand of interest, some amounts were due to the finance company and the request of the petitioner through his counsel to the Finance Company to issue no objection certificate, was also refused. Due to delay in issuing the permit to the bus bearing Registration No.TN-74-Y- 2994, the petitioner is not able to ply the abovesaid vehicle, resulting in financial loss. In such circumstances, he has come forward with a writ of mandamus, directing the Secretary, Regional Transport Authority, Nagercoil, Kanyakumari District, the respondent to issue permit of the abovesaid vehicle, as per the provisions of Section 51(6) &(7) of the Motor Vehicles Act. https://hcservices.ecourts.gov.in/hcservices/ 2 2.On this day, when the matter came up for hearing, Mr.T.S.Mohamed Mohideen, learned Additional Government Pleader submitted that Sriram Transport Finance Company Limited, Mookambika Complex, III Floor, No.4, Lady Desika Road, Mylapore, Chennai, financier has already given a no objection certificate, dated 03.09.2011, to the Registering Authority stating that they have no objection to delete the name endorsed in the Registration Certificate of the abovesaid vehicle. He has also produced a xerox copy of the hire purchase termination form duly completed and signed by them. Receipt of the no objection certificate issued by the financier has been acknowledged by the respondent. 3.As per the supporting affidavit, the objection for grant of renewal of permit for the bus bearing Registration No.TN-74-Y-2994 was only non-production of no objection certificate of the abovesaid financier. Inasmuch as the said certificate is now stated to have been produced and acknowledged, the respondent is directed to consider the application of the petitioner, dated 07.12.2010, for renewal of transport permit, as per the provisions of Sections 51(6) & (7) of the Motor Vehicles Act, on merits and pass orders on the renewal application, as expeditiously as possible, if there is no other impediment. 4.With the above directions, the writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To The Secretary, Regional Transport Authority, Kanyakumari District at Nagercoil. +1 CC to Special Government Pleader (SR.No.31567) W.P.(MD) No.9281 of 2011 and M.P.(MD).No.1 of 2011 14.09.2011 gcg NSV/16.9.11/2P/3C https://hcservices.ecourts.gov.in/hcservices/