IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WP(C).No. 18940 of 2009(J) -------------------------- PETITIONER(S): --------------- SABEENA BEEVI,KODOORVADAKKETHIL, MUTTAM P.O.,HARIPPADU,ALAPPUZHA DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- 1. THE JOINT REGIONAL TRANSPORT OFFICER, KAYAMKULAM. 2. KERALA TRANSPORT DEVELOPMENT AND FINANCIAL CORPORATION,TRANSTOWERS, VAZHUTHAKKAD,THIRUVANANTHAPURAM. * THE ADDRESS OF THE 3RD RESPONDENT IS CORRECTED AS 3. M/S.SHRIRAM GROUP COMPANIES, ERNAKULAM ZONAL OFFICE, NO.39/3223-B, VIJAYA RAGHAVA MENON ROAD, RAVIPURAM, ERNAKULAM - 682 015. (As per order dated 08/07/2009 in I.A.No.8377/09) SRI.T.RAJESH(NO MEMO) GOVERNMENT PLEADER SRI.P.NARAYANAN STANDING COUNSEL SRI.B.UNNIKRISHNA KAIMAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 18940 of 2009 -------------------------- Dated this the 17th July,2009 J U D G M E N T Petitioner purchased a contract carriage vehicle subject to hypothecation liability in favour of the 2nd respondent, which is also endorsed in the registration certificate, as evidenced by Ext.P1 (a). Petitioner sought for a renewal of the permit, which has not been considered, apparently, for the absence of a No Objection Certificate from the financier, the 2nd respondent. Hence the writ petition. 2. According to the 2nd respondent, there is a tripartite party agreement between the 2nd respondent and 3rd respondent. No objection Certificate can be issued only by the 3rd respondent. 3. Heard learned counsel for the petitioner and learned standing counsel for the 2nd respondent, and learned Government Pleader. 3. It is the 2nd respondent who is noted as a W.P ( C) No. 18940 of 2009 2 financier in the registration certificate. It is open to the 2nd respondent to issue a No objection Certificate or refuse the same. If the 2nd respondent refuses to issue the same for renewal of the permit, registering authority shall proceed under Sections 51(7) , 51 (8) and 51(9) of the Motor Vehicles Act after issuing notice to the person who is shown as a financier in the registration certificate. No person other than the one shown as a financier in the registration certificate is entitled to resist the application for renewal of permit. This aspect has been considered by this Court in W.P. (C) No.13661 of 2009. In the result, the 1st respondent shall consider Exhibit- P3 after notice to the petitioner as also the 2nd respondent and take a decision thereon within three weeks from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 18940 of 2009 3 W.P ( C) No. 18940 of 2009 4