IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 WP(C).No. 11344 of 2010(P) --------------------------------------- PETITIONER: ------------------- K.G.ANILKUMAR,THUNDAZHIKATHU VEEDU, ALAYAMON P.O.,ANCHAL, KOLLAM. BY ADV. MR.P.DEEPAK. RESPONDENTS: ------------------------ 1. THE REGIONAL TRANSPORT AUTHORITY, KOLLAM. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,KOLLAM. 3. THE BRANCH MANAGER, FEDERAL BANK LIMITED, KOLLAM BRANCH,KOLLAM. R1 & R2 BY SR. GOVT. PLEADER MR. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.11344 of 2010 ------------------------------------------- Dated this the 31st day of March, 2010 JUDGMENT The petitioner is the holder of a regular permit which is due to expire on 16.4.2010 in respect of stage carriage vehicle bearing Reg.No.KL-02/Y 6003. He was conducting services on the route Kallara-Anchal. His vehicle was subject to a hire purchase agreement in favour of the third respondent – financier. He had requested for a No Objection Certificate (NOC) from the financier for the purpose of renewal of his permit. However, the financier has refused to issue the same by Ext.P4. In the above circumstances, the second respondent has refused to take his application on file. 2. In cases where the financier refuses to issue an NOC, the authority concerned has to proceed under Section 51(9) of the Motor Vehicles Act. He has no authority to refuse to receive the application submitted by the petitioner. In view of the above legal position, the second respondent is directed to receive the application for renewal of permit submitted by the petitioner and to submit the same before the first respondent for being wpc No.11344/2010 2 proceeded with in accordance with the provisions of Section- 51(9) of the Act. 3. The petitioner has also submitted Ext.P5 application for the issue of a temporary permit under Section 87(1)(d) of the Motor Vehicles Act. In view of the application submitted by the petitioner for regular permit which is pending, there shall be a direction to the second respondent to consider the said application also in accordance with law and to pass appropriate orders thereon, expeditiously. K.SURENDRA MOHAN, JUDGE css/