Reji Varghese vs Transport Commissioner
2022 Latest Caselaw 8434 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE AMIT RAWAL
         WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                         WP(C) NO. 13176 OF 2022
PETITIONER:

              REJI VARGHESE
              S/O VARGHESE K.P, ALAMBIL HOUSE,
              KAVUNGAMOOLAYIL, KILITHATTA,
              KANGARAPADY P.O.ERNAKULAM-682 021.

              BY ADVS.
              MANSOOR.B.H.
              SAKEENA BEEGUM
              RENJITH.R


RESPONDENTS:

     1        TRANSPORT COMMISSIONER
              GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM-695 001.

     2        REGIONAL TRANSPORT AUTHORITY
              R.T.O OFFICE, CIVIL STATION, KAKKANAD-682 030

     3        THE MANAGER,
              M/S HINDUJA LEYLAND FINANCE LIMITED,
              AMBILY BUILDINGS, WARRIAM ROAD, ERNAKULAM-682 016

              BY ADVS.
              SUSANTH SHAJI
              ALBIN A. JOSEPH(K/1299/2020)


              SR GP SMT RASHMI K M


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13176 OF 2022
                                        2


                                  JUDGMENT

The petitioner has approached this Court with the following

prayers:

"1. To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 and 2 to remove the details of vehicles bearing Registration Nos KL-07.BT 6406 and KL - 7 BT 4867 from the blacklist published in Parivahan portal

2. To issue a writ of mandamus or any other appropriate writ, order or direction commanding the third respondent to provide all statutory services to the petitioner and to renew the fitness certificate and goods carriage permit in respect of vehicles bearing Registration Nos: KL-07.BT 6406 and KL -7 BT 4867

3. To issue a Writ of Mandamus commanding the second respondent to consider and pass orders on Ext P10, with in a time frame."

2. For the aforementioned vehicles, finance were obtained

by the petitioner from respondent No.3. The fitness certificate of

both the vehicles though is valid upto 24.10.2022, but the taxes

were due from 31.03.2022. Petitioner wanted to pay the taxes but

the respondents were not accepting the taxes on account of the WP(C) NO. 13176 OF 2022

fact that the financier had sent intimation to the registering

authority of having not cleared the dues. It is on that account the

vehicles were blacklisted.

3. Learned counsel for the petitioner submits that

provisions of Section 51 of the Motor Vehicles Act, 1988 provide a

provision for submitting an application to the financier for issuance

of no objection and in case of non-receipt of any communication

within a period of 7 days, it is deemed to have been given. Even

otherwise, if the petitioner does not apply for an NOC registering

authority is not impeded to renew the permit and accept the taxes.

This is what has been stated in the counter affidavit of the state.

4. On the other hand, learned counsel for the financier

submits that the petitioner has not cleared the entire dues of the

vehicles, certain amount is still due. Petitioner had never applied

for NOC and therefore the question of issuance of NOC does not

arise.

5. I have heard the learned counsel for the parties and

appraised the paper book. Section 51(6), (7), (8), (9) and (10) of WP(C) NO. 13176 OF 2022

the Motor Vehicles Act reads as under:

"Section 51(6):- The registered owner shall, before applying to the appropriate authority, for the renewal of a permit under section 81 or for the issue of duplicate certificate of registration under sub-section (14) of section 41, or for the assignment of a new registration mark [under section 47, or removal of the vehicle to another State, or at the time of conversion of the vehicle from one class to another, or for issue of no objection certificate under section 48, or for change of residence or place of business under section 49, or for the alteration of the vehicle under section 52, make an application] to the person with whom the registered owner has entered into the said agreement (such person being hereafter in this section referred to as the financier) for the issue of a no objection certificate (hereafter in this section referred to as the certificate).

Explanation.--For the purposes of this sub-section and sub- sections (8) and (9), "appropriate authority" in relation to any permit means the authority which is authorised by this Act to renew such permit and, in relation to registration, means the authority which is authorised by this Act to issue duplicate certificate of registration or to assign a new registration mark.

(7) Within seven days of the receipt of an application under sub-section (6) the financier may issue, or refuse, for reasons which shall be recorded in writing communicated to the applicant, to issue, the certificate applied for, and where the financier fails to issue the certificate and also fails to communicate the reasons for refusal to issue the certificate to the applicant within the said period of seven days, the certificate applied for shall be deemed to have been issued by the financier.

(8) The registered owner shall, while applying to the appropriate authority for the renewal of any permit under section 81, or for the issue of a duplicate certificate of registration under sub-section (14) of section 41, or while applying for assignment of a new registration mark under section 47, submit with such application the certificate, if any, obtained under sub-section (7) or, where no such certificate has been obtained, the communication received WP(C) NO. 13176 OF 2022

from the financier under that sub-section, or, as the case may be, a declaration that he has not received any communication from the financier within the period of seven days specified in that sub-section.

(9) On receipt of an application for the renewal of any permit or for the issue of duplicate certificate of registration or for assignment of a new registration mark in respect of a vehicle which is held under the said agreement, the appropriate authority may, subject to the other provisions of this Act,--

(a) in a case where the financier has refused to issue the certificate applied for, after giving the applicant an opportunity of being heard, either--

(i) renew or refuse to renew the permit, or

(ii) issue or refuse to issue the duplicate certificate of registration, or

(iii) assign or refuse to assign a new registration mark;

(b) in any other case,--

(i) renew the permit, or

(ii) issue duplicate certificate of registration, or

(iii) assign a new registration mark.

(10) A registering authority making an entry in the certificate of registration regarding--

(a) hire-purchase, lease or hypothecation agreement of a motor vehicle, or

(b) the cancellation under sub-section (3) of an entry, or

(c) recording transfer of ownership of motor vehicle, or

(d) any alteration in a motor vehicle, or

(e) suspension or cancellation of registration of a motor vehicle, or

(f) change of address, shall communicate 5[by registered post acknowledgment due] to the financier that such entry has been made."

Cumulative reading of the aforementioned provisions says

that no doubt, at a particular stage, registered owner is required to

submit an application for issuance of NOC to the financier, but in WP(C) NO. 13176 OF 2022

case no such application is submitted registering authority is not

incapacitated to renew the permit and accept the taxes. The

vehicles have only been blacklisted on receipt of the objection

from the financier as per the provisions of Rule 167(7) of the

Central Motor Vehicle Rules. Since the authority has reflected no

objection in allowing the petitioner to remit the tax, I dispose of

the writ petition by directing the respondent RTO to renew the

permit and accept the tax of the vehicle in accordance with the

provisions of Motor Vehicles Act. However, the blacklisting cannot

be ordered to be omitted. Financier is deemed to take steps to

recover the amount in accordance with law.

Sd/-

AMIT RAWAL JUDGE nak WP(C) NO. 13176 OF 2022

APPENDIX OF WP(C) 13176/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING NO KL-07 BT 6406

Exhibit P2 TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING NO KL-07 BT 4867

Exhibit P3 TRUE COPY OF THE FITNESS CERTIFICATE OF VEHICLE BEARING NO KL-07 BT 6406

Exhibit P4 TRUE COPY OF THE FITNESS CERTIFICATE OF VEHICLE BEARING NO KL-07 BT 4867

Exhibit P5 COPY OF THE LICENSE GRANTED AS PER KERALA MOTOR VEHICLE TAXATION ACT IN RESPECT OF VEHICLE BEARING REGISTRATION NO KL7 BT 6406

Exhibit P6 COPY OF THE LICENSE GRANTED AS PER KERALA MOTOR VEHICLES TAXATION ACT IN RESPECT OF IN RESPECT OF VEHICLE BEARING REGISTRATION NO KL 7 BT 4867

Exhibit P7 TRUE COPY OF THE GOODS CARRIAGE PERMIT NO P.GD 7/761/2017 ISSUED BY THE SECOND RESPONDENT

Exhibit P8 COPY OF THE VEHICLE HISTORY REPORT FOR REGISTRATION NUMBER KL BT 6406

Exhibit P9 COPY OF THE VEHICLE HISTORY REPORT FOR REGISTRATION NUMBER KL BT 4867

Exhibit P10 COPY OF THE REPRESENTATION DATED 26.3.2022 IN RESPECT OF VEHICLE BEARING REGISTRATION NOKL- 07 BT 6406

Exhibit P11 COPY OF THE REPRESENTATION DATED 26.3.2022 IN RESPECT OF VEHICLE BEARING REGISTRATION NOKL- 07 BT 4867