Maheen Esak vs State Of Kerala
2021 Latest Caselaw 8919 Ker

W.P.(C) No.28941/2020               1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942

                        WP(C).No.28941 OF 2020(P)


PETITIONER:

               MAHEEN ESAK,
               AGED 30 YEARS
               S/O. SHAJI, PUTHANPLACKAL HOUSE, SHEEBA MANZIL,
               ANAKKAL KARA, KANJIRAPPALLY VILLAGE, ANAKKAL POST,
               KOTTAYAM-686 508.

               BY ADV. SHRI.JOSY ANTONY

RESPONDENTS:

       1       STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO GOVERNEMNT, MOTOR
               VEHICLES DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.

       2       THE REGIONAL TRANSPORT AUTHORITY
               KANJIRAPPALLY SUB REGIONAL TRANSPORT OFFICE
               PONKUNNAM, KANJIRAPPALLY-686 506.

       3       SAKTHI FINANCE LTD.
               REGISTERED OFFICE AT NO.62, DR.NANJAPPA ROAD,
               COIMBATORE-641 018 REPRESENTED BY ITS GENERAL
               MANAGER (OPERATIONS).


OTHER PRESENT:

               SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.28941/2020                    2




                                 JUDGMENT

Dated this the 17th day of March 2021

The petitioner is the owner in possession of a vehicle evidenced by

Ext.P1. He has a valid permit and insurance evidenced by Exts.P2 and P3.

When the petitioner submitted application for renewal, the second respondent

refused to renew the permit by Ext.P6 on the ground that an arbitration dispute

is pending between the petitioner and the third respondent-financier. Hence, the

petitioner has approached this court.

2. When the matter came up for consideration today, it was submitted by

the learned counsel for the petitioner that the 3rd respondent - financier has now

given NOC.

3. In the light of the above, I am inclined to dispose of the writ petition

directing that the second respondent shall consider the petitioner's application

for renewal dated 19/2/2021, as expeditiously as possible, at any rate, before

31/3/2021 on production of a copy of this judgment along with the NOC. If for

any reason, the above application cannot be considered before 31/3/2021,

appropriate decision shall be taken by invoking Rule 130 of the Kerala Motor

Vehicles Rules.

The writ petition is disposed of as above.

Sd/-

SUNIL THOMAS

JUDGE dpk

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING NO.KL-25-784.

EXHIBIT P2 TRUE COPY OF THE INSURANCE POLICE OF THE VEHICLE BEARING REGISTRATION NO.KL-25-784.

EXHIBIT P3 TRUE COPY OF THE GOOD CARRIAGE PERMIT DATED 21.4.2015 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE ARBITRATION NOTICE ALONG WITH CLAIM STATEMENT BEARING A.C.NO.38E OF 2019.