Salim Y.S vs The Regional Transport Authority
2022 Latest Caselaw 7546 Ker

               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

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

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.