IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 1272 of 2010(H) ------------------------- PETITIONER(S): --------------- SRI.CYRIN PAREKKATTIL, S/O.VARKEY, PAREKKATTIL HOUSE, 11/90 A, PEECHANIKKADU, ANGAMALY (VIA), ERNAKULAM-683 572. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MOTOR VEHICLES DEPARTMENT, THIRUVANANTHAPURAM. 2. THE ASST.REGISTERING AUTHORITY, THE SUB REGIONAL TRANSPORT OFFICER, OFFICE OF THE SUB REGIONAL TRANSPORT OFFICER, ALUVA. 3. M/S.TATA FINANCE LTD, BAZZOLA COMPLEX, 6TH FLOOR, SION- TROMBAY ROAD, CHEMBUR, MUMBAY- 400 071 REPRESENTED BY IT'S GENERAL MANAGER. 4. M/S.TATA FIONANCE LTD, 'KASI ARCADE', 3RD FLOOR, 116, THEYAGARAYA ROAD, T.NAGAR, CHENNAI -600 017 REPRESNTED BY ITS REGIONAL MANAGER. 5. THE TATA FINANCE LTD, BRANCH OFFIE, S.L.PLAZA 1ST FLOOR, PALARIVATTOM REPRESENTED BY ITS BRANCH MANAGER, BY GP K S MUHAMED HASHIM ADV. SRI.RAJESH THOMAS FOR R3,4 & 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WP(C)1272/2010) PETITIONER'S EXTS. EXT.P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE KL-7 X 9270 ISSUED BY R2 DTD. 1.10.1999. EXT.P2 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE KL-7 Y 7540 ISSUED BY R2 DTD. 22.12.1999. EXT.P3 TRUE COPY OF THE GOODS CARRIAGE PERMIT ISSUED IN RESPECT OF THE VEHICLE KL-7 Y 7540 DTD. 30.12.2004. EXT.P4 TRUE COPY OF THE LAWYER NOTICE SENT TO THE FINANCIER IN RESPECT OF THE VEHICLE KL-7 X 9270 DTD. 9.7.2009. EXT.P5 THE POSTAL RECEIPT FOR SENDING THE LAWYER NOTICE BY REGISTERED POST WITH ACKNOWLEDGMENT DTD. 9.7.2009. EXT.P6 TRUE COPY OF THE LAWYER NOTICE SENT TO THE FINANCIER IN RESPECT OF THE VEHICLE KL-7 Y 7540 DTD. 9.7.2009. EXT.P7 THE POSTAL RECEIPT FOR SENDING THE LAWYER NOTICE BY REGISTERED POST WITH ACKNOWLEDGMENT DTD. 9.7.2009. lgk K.SURENDRA MOHAN, J ........................................... WP(C).NO. 1272 OF 2010 ............................................ DATED THIS THE 1st DAY OF MARCH, 2010 JUDGMENT The petitioner is the registered owner of two goods carriage vehicles registered with the second respondent numbered respectively as KL-7/X 9270 and KL-7/Y 7540. The vehicles were the subject matter of hire purchase facility from respondents 3 to 5 and therefore the hire purchase was endorsed on the registration certificates of the vehicles. According to the petitioner, he has remitted the entire instalments due to the financier as per the hire purchase agreement. In spite of the above, it is contended that the necessary certificate regarding closure of the hire purchase transaction was not issued to the petitioner. Therefore, the petitioner contends that he was not able to renew the permits in respect of his vehicles. 2. The permit granted in favour of one vehicle expired on 12.11.2009, while the permit in respect of the other vehicle expired on 30.12.2009. Thereafter, the petitioner issued the necessary notice under Section 51(6) of the Motor Vehicles Act on 9.7.2007 requiring the Wpc 1272/2010 2 financier to issue a No Objection Certificate. However, when the demand in the notice was also not complied with, the petitioner filed the present petition for appropriate directions to the second respondent to register his vehicles without insisting on a No Objection Certificate from the financier. 3. The counsel for respondents 3, 4 and 5 on instructions submits that the No Objection Certificates in respect of the petitioner's vehicles have been issued. They are both dated 23.2.2010. Therefore, at present, there can be no objection for the renewal of the permits of the petitioner's vehicles. 4. The learned Government Pleader, on instructions, submits that under Section 81(2) of the Motor Vehicles Act, the petitioner should have applied for the renewal of his permits at least 15 days before the expiry thereof. However, I notice that the authority has the power to receive his application, if good cause is shown for the delay in applying for renewal. Therefore, the petitioner can apply to the authority for appropriate orders condoning the delay in applying for renewal. Since the delay in applying for renewal was not occasioned Wpc 1272/2010 3 due to any fault on the part of the petitioner, but due to the fact that No Objection Certificates had not been issued by the financier, the petitioner cannot be found fault with for the delay. 5. In the above circumstances, this writ petition is disposed of directing the petitioner to approach the second respondent for the renewal of the permits in respect of his goods carriage vehicles with a proper petition for renewal of the same supported by a petition for condonation of delay and submitting the same within a period of three weeks from today. If such applications are submitted within the time stipulated above, they shall be considered and disposed of in accordance with law, as expeditiously as possible and at any rate, within a period of one month therefrom. K.SURENDRA MOHAN, JUDGE lgk