IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 1454 of 2009(W) ------------------------- PETITIONER(S): --------------- RAJASEKHARA, AGED 42 YEARS, S/O.LATE KRISHNA, RESIDING AT DWARAKA NAGAR, KARANAKKAD KASARAGOD VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT AUTHORITY, KASARAGOD REP. BY ITS SECRETARY. 2. THE SECRETARY REGIONAL TRANSPORT AUTHORITY, KASARAGOD 3. M/S.SREERAM INVESTMENTS LTD., HASSANKATTA, 160-A/31, SECOND FLOOR LAND MARK CENTRE OPPOSITE NEW BUS STAND, KASARAGOD ADV. SRI.RAJESH NAMBIAR FOR R3 GP SRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).1454/2009 -------------------- Dated this the 16th day of July, 2009 JUDGMENT Heard learned counsel for the petitioner, learned Government Pleader and learned counsel appearing for respondents 3 and 4. 2. Petitioner is the registered owner of a regular stage carriage operating on the route Kushal Nagar - Kasargod. He submitted an application for renewal of the permit. Writ petition has been filed seeking a direction to the 1st respondent for renewal of the permit without obtaining an NOC from the Financier. Section 51 of the Kerala Motor Vehicles Act inter alia deals with renewal of permits in relation to vehicles which are covered by HP Agreement. An application for renewal of the permit must either be accompanied by an NOC from the financier or at least proof of service of request for an NOC and not responded to by the financier in spite of the lapse of the prescribed period mentioned therein. There upon, the registering authority is to issue notice to the financier as well and then pass an W.P.(C).1454/2009 2 order in the matter of renewal of the permit. 3. This is the procedure which is contemplated by Section 51. It is open to the petitioner to apply for an NOC and if the NOC is either refused or if an application for NOC is not responded to within the prescribed period of time, then it is open to him to further pursue an application for renewal of the permit in accordance with Section 51(9) of the Kerala Motor Vehicles Act. Orders in this regard shall at any rate, be passed by the registering authority, after notice to the financier also, within six weeks from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. V.GIRI, Judge mrcs