IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 8286 of 2010(I) -------------------------------------- PETITIONER(S): ------------------------ C.R.GOPINATHAN NAIR, CHACKALYAL HOUSE, MOOKKANNOOR, KAITHODY P.O., PATHANAMTHITTA. BY ADV. MR.K.MADHUSOODHANAN NAIR RESPONDENT(S): ---------------------------- 1. REGIONAL TRANSPORT AUTHORITY, PATHANAMTHITTA. 2. MANAGER (LOANS CV), CHANNEL BUSINESS DEPARTMENT, HDFC BANK LTD., MATHER SQUARE (GROUND FLOOR) OPP.NORTH RAILWAY STATION, ERNAKULAM NORTH, COCHIN. R1 BY SR. GOVERNMENT PLEADER MR. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.8286 of 2010 ------------------------------------------- Dated this the 16th day of March, 2010 JUDGMENT The petitioner is the registered owner of a vehicle bearing Reg.No.KL-03/L 3229. He has a goods carriage permit, Ext.P2 which was valid till 4.10.2009. The petitioner sought for the renewal of his permit after remitting the requisite fee as per Ext.P1. However, his permit has not been renewed till date. The petitioner had availed financial assistance from the second respondent under a hire purchase agreement. According to the petitioner, the entire amount due has been paid, but he has not been issued a termination letter by the financier. Since he has not been able to produce a No Objection Certificate from the second respondent, the first respondent has not granted the renewal of his permit. The petitioner seeks appropriate directions for the renewal of his permit. 2. In cases where the financier does not issue a No Objection Certificate, the Registering Authority can wpc No.8286/2010 2 proceed under Section 51(9) of the Motor Vehicles Act, 1988. The petitioner is free to make a declaration in terms of Section-51 to proceed further in the matter. 3. This Writ petition is accordingly disposed of directing the first respondent to consider the application of the petitioner for the renewal of his goods carriage permit after complying with the necessary formalities stipulated by Section 51(9) of the Act and to pass orders thereon in accordance with law, as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE css/