IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 20571 OF 2022
PETITIONER:
SALIM Y.S.
AGED 48 YEARS
S/O. YOOSUF, NIZAM MANZIL,
PANDALAM MUKKU, PULIPPARA P. O,
KADAKKAL, KOLLAM.
BY ADV SRI. P.DEEPAK
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY
KOLLAM, REPRESENTED BY ITS SECRETARY,
REGIONAL TANSPORT OFFICE,
KOLLAM - 691 013.
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
KOLLAM, REGIONAL TRANSPORT OFFICE,
KOLLAM - 691 013.
3 STATE BANK OF INDIA,
MAIN BRABCH, P.B NO.24,
HEAD P.O,
CANTONMENT, KOLLAM - 691 001,
REPRESENTED BY ITS MANAGER.
SRI. JIMMY GEORGE - GP
SRI.P.GOPAL - SC, SBI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.20571 OF 2022
2
JUDGMENT
The grievance of the petitioner is that Ext.P4 application for renewal of permit in respect of the stage carriage of the petitioner is not considered for want of No Objection Certificate from the 3 rd respondent Bank. It is submitted by the petitioner that the loan account has been closed in the year 2007. It is also submitted that the permit was renewed for the year 2008 and 2015. However, when the application for renewal has been submitted on 23.01.2020, respondents 1 and 2 are insisting for No Objection Certificate from the 3rd respondent Bank, not withstanding the fact that the loan account has been closed in the year 2007. It is submitted by the petitioner that though the 1st respondent has by Ext.P5 letter sought clarification from the 3 rd WP(C).No.20571 OF 2022 3 respondent Bank, no reply has been obtained.
2. Heard the learned counsel for the petitioner, the learned Government Pleader for respondents 1 and 2 and Sri.P.Gopal, the learned Standing Counsel for the 3rd respondent Bank.
3. In the facts and circumstances of the case, there will be a direction to respondents 1 and 2 to consider Ext.P4 application for renewal of permit in accordance with the provisions under Section 51 (9) of the Motor Vehicles Act, 1988. This shall be done as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment.
The writ petition is disposed of with the above direction.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SPR WP(C).No.20571 OF 2022 4 APPENDIX PETITIONER'S EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED TO KL-02-R-2925. EXHIBIT P2 TRUE COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER ON THE ROUTE KADAKKAL- AYOOR.
EXHIBIT P3 TRUE COPY OF THE ENDORSEMENT MADE IN EXHIBIT P2 PERMIT RENEWING THE PERMIT TILL 30/01/2020.
EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 23/01/2020 FOR RENEWAL OF PERMIT. EXHIBIT P5 TRUE COPY OF THE COMMUNICAITON DATED 20/01/2021 OF THE 2ND RESPONDENT ADDRESSED TO THE 3RD RESPONDENT. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 13/04/2022 ADDRESSED TO THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE REPRESENATION DATED 30/04/2022 ADDRESSED TO THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS: NIL.