Kerala High Court
Muhammed Ali vs The Regional Transport Authority on 5 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
WP(C) NO. 10863 OF 2022
PETITIONER:
MUHAMMED ALI, CHUNDAYIL HOUSE,
P.O.MUDAVANTHERI, THUNERI,
VADAKARA, KOZHIKODE-673505.
BY ADVS.
I.DINESH MENON
L.RAJESH NARAYAN
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY
REGIONAL TRANSPORT OFFICE,
CIVIL STATION P.O., VADAKARA,
KOZHIKODE-673101.
2 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O.,
VADAKARA, KOZHIKODE-673101.
SMT.K.AMMINIKUTTY.SR.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 10863/22
2
JUDGMENT
The petitioner alleges that even though he made a request
for renewal of permit with respect to his stage carriage through
Exts.P2 and P3 applications, accompanied by Exts.P4 and P5
letters issued to the Financier for a 'No Objection Certificate' -
which has not been acted upon, no action has been taken on
them yet by the 1st respondent - Regional Transport Authority
(RTA). He, therefore, prays that said Authority be directed to
complete proceedings on his applications within a time frame to
be fixed by this Court.
2. The afore request of Sri.I.Dinesh Menon - learned
counsel for the petitioner, was answered by the learned Senior
Government Pleader - Smt.K.Amminikutty, saying that the
applications of the petitioner were received only on 24.03.2022
and they are not supported by either the NOC from the
financier or the requisite fee mandated. She submitted that if
the petitioner produces the NOC and remits the requisite fee,
action on the applications can be completed without any
WPC 10863/22
avoidable delay.
3. In reply, Sri.I.Dinesh Menon submitted that, going by
Section 51(8) and 51(9) of the Kerala Motor Vehicles Act, if the
financier does not issue an NOC within 7 days from the date on
which a request for the said purpose has been made, such a
consent is to be deemed. He submitted that since his client's
applications have been made much earlier, the RTA cannot
stand on that ground to deny its consideration. As far as
remittance of fee is concerned, he submitted that his client will
do so within a period of one week from today.
Taking note of the afore submissions and recording the
same, I order this Writ Petition, directing the 1 st respondent to
take up Exts.P2 and P3 applications of the petitioner, on him
remitting necessary fee within a period of one week from today;
thus culminating in an appropriate order and necessary action
thereon as expeditiously as is possible, but not later than one
month from the date of receipt of a copy of this judgment.
Needless to say, while the afore applications are
considered, the petitioner will be given an opportunity of being
WPC 10863/22
heard and his contentions, hinged on Sections 51(8) and 51(9) of
the Motor Vehicles Act, will be specifically considered and
reflected in the resultant order.
Sd/-
RR `` DEVAN RAMACHANDRAN
JUDGE
WPC 10863/22
APPENDIX OF WP(C) 10863/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PERMIT DATED 4.2.2017.
Exhibit P2 A TRUE COPY OF THE APPLICATION FOR
RENEWAL SUBMITTED BY THE PETITIONER
DATED 7.3.2022.
Exhibit P3 TRUE COPY OF THE DELAY PETITION DATED
7.3.2022.
Exhibit P4 TRUE COPY OF THE REQUEST FOR NO
OBJECTION CERTIFICATE DATED 1.3.2022.
Exhibit P5 TRUE COPY OF THE DECLARATION SUBMITTED
BY THE PETITIONER DATED 7.3.2022.
Exhibit P6 TRUE COPY OF THE JUDGMENT IN WP(C)
NO.18326 OF 2021 DATED 10.9.2021.
