IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 26593 of 2011(Y) -------------------------- PETITIONER(S): --------------- SUNIL KUMAR, S/O.UNNIKRISHNAN NAIR, NAGATHARAKANDY HOUSE, KOKKALLUR.P.O., KOYILANDI, KOZHIKODE. BY ADV. SRI.M.B.PRAJITH RESPONDENT(S): --------------- 1. THE REGIONAL TRANSPORT AUTHORITY, VATAKARA.673 617. 2. THE JOINT REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, KOYILANDI, PIN-673 614. 3. M/S.THE CITICORP FINANCE INDIA LIMITED, IST FLOOR, ANGSON CENTRE, 153, GREAMS ROAD, CHENNAI-600 006, REPRESENTED BY ITS MANAGER LEGAL. BY GOVT. PLEADER SRI.VINCENT ADV. SRI.LAL K.JOSEPH FOR R3 SRI.A.A.ZIYAD RAHMAN FOR R3 SRI.V.S.SHIRAZ BAVA FOR R3 SMT.M.C.SANITHA FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 26593/2011 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1: A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE. EXHIBIT P2: A TRUE COPY OF THE GOODS CARRIAGE PERMIT OF PETITIONER'S VEHICLE. EXHIBIT P3: A TRUE COPY OF THE CLAIM PETITION FILED BY THE 3RD RESPONDENT IN A.C.P(CITI).NO.27 OF 2007 BEFORE THE SOLE ARBITRATOR APPOINTED BY THE 3RD RESPONDENT. EXHIBIT P4: A TRUE COPY OF THE COUNTER FILED BY THE PETITIONER BEFORE THE ARBITRATOR. EXHIBIT P5: A TRUE COPY OF THE ADDITIONAL COUNTER FILED BY THE PETITIONER. EXHIBIT P6: A TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR RENEWING THE PERMIT WHICH WAS RETURNED BY THE 2ND RESPONDENT WITH AN ENDORSEMENT. RESPONDENT'S' EXHIBITS NIL /True Copy/ vps PA to Judge P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 26593 OF 2011 -------------------------- Dated this the 13th day of December, 2011 J U D G M E N T The petitioner is the owner of a goods vehicle bearing registration No. KL 56 2070. The goods carriage permit issued to the said vehicle expired on 2.10.2011. Even before the validity of the permit expired, the petitioner applied for renewal of the goods carriage permit by submitting Ext.P6 application. The second respondent declined to receive the application and rejected it with the endorsement in the absence of a no objection certificate from the financier of the vehicle, the third respondent herein, it cannot be entertained. Hence this writ petition seeking a direction to the second respondent to renew the goods carriage permit after accepting Ext.P6 application. 2. The respondents have been served and they have entered appearance. The learned counsel appearing for the petitioner contended relying on sub section (9) of section 51 of the Motor Vehicles Act (hereinafter referred to as 'the Act' for short) that even in the absence of a no objection certificate from WPC No.26593/2011 2 the financier, the permit issuing authority can in his discretion renew the permit, if the permit holder complies with the procedure prescribed in sub section (7) of section 51 of the Act. However in order to enable the registering authority to renew the permit, it is necessary that the registered owner should have applied to the financier for a no objection certificate and the financier should have either refused to issue the certificate or failed to communicate the reasons for refusal within 7 days from the date of receipt of a written request from the registered owner. The petitioner has not admittedly complied with the said procedure. In such circumstances, I dispose of the writ petition reserving liberty with the petitioner to issue notice to the financier in terms of sub section (6) of section 51 of the Act and thereafter depending on the reply received from the financier or if the financier does not give a reply, apply to the second respondent either with a copy of the no objection certificate issued by the financier or the decision of the financier declining to issue no objection certificate and in the absence of both by WPC No.26593/2011 3 submitting an appropriate declaration to the effect that though a registered request was sent to the financier no reply has been received from the financier, within one week from the date of request for a no objection certificate and the permit issuing authority shall upon the petitioner moving him in the manner specified in sub section (6) of section 51 of the Act, take an appropriate decision thereon expeditiously and in any event within one month from the date on which the petitioner moves him in terms of sub section (6) of section 51 of the Act. P.N.RAVINDRAN, (JUDGE) vps WPC No.26593/2011 4