Kerala High Court
Siljo Abraham vs Sub Regional Transport Officer on 23 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
WP(C) NO. 16286 OF 2024
PETITIONER:
SILJO ABRAHAM
AGED 40 YEARS
S/O ABRAHAM, MAROTTICKAL HOUSE , EDAPPADY. P.O,
BHARANANGANAM.P.O, PALA,
KOTTAYAM DISTRICT, PIN - 686578
BY ADVS.
AYSHA YOUSEFF
MOLLY JACOB
JOBI.A.THAMPI
C.M.EBRAHIM
SHOUKATH HUSAIN
AKHEELA FARZANA
RESPONDENTS:
1 SUB REGIONAL TRANSPORT OFFICER
PALA MOOZHAYIL BUILDINGS, ERATTUPETTA ROAD,
PALA, KOTTAYAM DISTRICT, PIN - 686578
2 CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY
LIMITED
REPRESENTED BY ITS AUTHORISED SIGNATORY,
PALA BRANCH, 3A, 2ND FLOOR,
PULICKAL TOWERS, PON]NMNAM ROAD,
PALA, KOTTAYAM DISTRICT, PIN - 686575
SMT. DEEPA V-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.16286 of 2024
2
JUDGMENT
Dated this the 23rd day of April, 2024 The petitioner is the registered owner of Maruti Suzuki Swift Dzire Car bearing registration No.KL-68-203. In 2018, the petitioner purchased the above second hand car having contract carriage permit. Later, the petitioner availed hypothecation facility from the 2nd respondent with effect from 09.03.2019. Immediately after the purchase, the petitioner started operating taxi service on rental basis.
2. Though the petitioner was promptly making the repayment of the loan amount as per the schedule, he was unable to make remittance of certain instalments due to Covid-19 pandemic. Despite the fact that the tenure of the loan will expire only on 27.08.2024, the recovery agents deputed by the 2nd respondent threatened the petitioner that unless and until the entire amount is paid in lump-sum, the WP(C) No.16286 of 2024 3 petitioner would face with dire consequences and they will re- possess the vehicle by force. While so, on 07.03.2024, Ext.P3 contract carriage permit expired. In order to renew the permit, the petitioner has completed the requisite maintenance work so as to produce the car before the 1st respondent for testing.
3. When the petitioner contacted the 2 nd respondent and requested them to provide No Objection Certificate for the purpose of renewing the Ext.P3 permit, the 2nd respondent had been putting lame excuses and purposefully delayed the submission of the application for renewal of permit. The petitioner sent a registered letter requesting the 2 nd respondent to issue the NOC for renewal of Ext.P3 permit which would expire on 07.03.2024.
4. But the 2nd respondent took an adamant stand that they will not issue the NOC unless the entire dues are cleared. Since the 2nd respondent is playing dirty game, the petitioner approached the 1st respondent by submitting Ext.P5 WP(C) No.16286 of 2024 4 application detailing the facts and requested to renew Ext.P3 permit. As per Section 51 (9) of the Motor Vehicles Act, the competent authority has ample power and authority to renew the permit, de-horse the objection, if any, raised by the financier. Despite the receipt of Ext.P5 application, the 1st respondent has not cared to redress the grievance of the petitioner.
5. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the 1 st respondent.
6. The petitioner has sent registered notice to the 2 nd respondent seeking to issue No Objection Certificate. The 2nd respondent has not responded to the notice within reasonable time. In the circumstances, the 1st respondent has a statutory duty to consider the issue.
The writ petition is therefore disposed of directing the 1st respondent-Sub Regional Transport Officer to consider Ext.P5 representation submitted by the petitioner and pass WP(C) No.16286 of 2024 5 appropriate orders thereon, within a period of one month, after giving notice to the 2nd respondent, if necessary.
Sd/-
N.NAGARESH JUDGE hmh WP(C) No.16286 of 2024 6 APPENDIX OF WP(C) 16286/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DRIVING LICENSE NO.35/3817/2004 DTD.12/ 12/2019 ISSUED BY THE 1ST RESPONDENT Exhibit P2 TRUE COPY OF THE CERTIFICATE OF REGISTRATION IN RESPECT OF MARUTHI SUZUKI SWIFT DEZIRE CAR BEARING REGISTRATION NO. KL-68-203 ISSUED BY THE 1ST RESPONDENT Exhibit P3 TRUE COPY OF THE CONTRACT CARRIAGE PERMIT NO P.CO. 35/315/2019 ISSUED BY THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF THE LETTER DTD. 05-03- 2024 SENT BY THE PETITIONER TO THE 2ND RESPONDENT Exhibit P4(a) TRUE COPY OF THE POSTAL ACKNOWLEDGMENT CARD SIGNED BY THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE REQUEST/APPLICATION SUBMITTED BY THE PETITIONER IN THIS REGARD 02.04.2024 Exhibit P5(a) TRUE COPY OF THE POSTAL RECEIPT IN RESPECT OF EXHIBIT P5 APPLICATION