Prasanna T.K vs The Regional Transport Officer
2023 Latest Caselaw 9138 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                        WP(C) NO. 27533 OF 2023
PETITIONER/S:

          PRASANNA T.K
          AGED 53 YEARS
          D/O. KUNJAN, PROPRIETRIX, SREE GANESH INDANE SERVICES,
          THANDANICKAL BUILDING, ARUVIKUZHY P.O., PALLICKATHODU,
          KOTTAYAM DISTRICT - 686503, RESIDING AT THANDANICKAL
          HOUSE,PANGADA P.O., KOORAPADA, KOTTAYAM DISTRICT, PIN -
          686502
          BY ADV GEORGE SEBASTIAN


RESPONDENT/S:

    1     THE REGIONAL TRANSPORT OFFICER
          REGIONAL TRANSPORT OFFICE, CIVIL STATION,
          COLLECTORATEP.O., KOTTAYAM, PIN - 686002
    2     THE INDUSIND BANK
          KOTTAYAM BRANCH, REPRESENTED BY ITS MANAGER, STREET
          LIGHT CAMPUS, K.K.ROAD, COLLECTORATE P.O., KOTTAYAM
          DISTRICT, PIN - 686002
          BY ADV VARGHESE C.KURIAKOSE


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).No.27533 of 2023
                                       2


                           J U D G M E N T

Dated this the 23rd day of August, 2023

The petitioner is the owner of a goods carriage

bearing Registration No.KL-05-AR 7241 which is used

for transporting LPG cylinders. The permit issued to

the petitioner expired on 08.03.2023. The petitioner

has submitted an application for renewal of permit.

However, the application of the petitioner for

renewal was rejected by the 1st respondent by Ext.P9

communication for the reason that the petitioner has

not produced the NOC from the 2nd respondent/

financier. The learned counsel for the petitioner

submits that a request has been made to the

financier. However, no reply has been received. The

learned counsel for the petitioner submits that in

view of the provisions contained under Section 51 of

the Motor Vehicles Act, 1988, NOC from the financier

is not necessary for renewal of permit. The learned

counsel for the petitioner relies on a decision of

this Court reported in Shabu Sukumaran v. R.T.O,

Trivandrum and Others [2018 (2) KHC 470]. W.P(C).No.27533 of 2023

2. Heard the learned counsel for the petitioner

and learned Government Pleader.

3. The learned counsel for the petitioner

submits that though the petitioner has issued notice

to the 2nd respondent, there is no reply from the

2nd respondent and that no reason is communicated

for refusal of NOC. The petitioner submits that

Ext.P11 declaration has been filed before the 1st

respondent. Accordingly, there will be a direction

to the 1st respondent to consider the application

of the petitioner for renewal along with the

declaration of the petitioner under Section 51(8) of

the Act and pass appropriate orders thereon after

hearing the 2nd respondent also, within a period of

6 weeks from the date of receipt of a copy of this

judgment.

The writ petition is disposed of as above

Sd/-

                                                MURALI PURUSHOTHAMAN
      SM                                                 JUDGE
 W.P(C).No.27533 of 2023




                          APPENDIX OF WP(C) 27533/2023

PETITIONER EXHIBITS
Exhibit P1                  A TRUE COPY OF THE CERTIFICATE OF

                            AR 7241
Exhibit P2                  A TRUE COPY OF THE JUDGMENT DATED 13.01.2023
                            IN WP(C) 309/2023
Exhibit P3                  A TRUE COPY OF THE ORDER DATED 16.06.2023 IN
                            IA 1/2023 IN WP(C) 309/2023
Exhibit P4                  A TRUE COPY OF THE GOODS CARRIAGE PERMIT OF

THE PETITIONER'S VEHICLE DATED 04.04.2018 Exhibit P5 A TRUE COPY OF THE REQUEST DATED 06.07.2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH ITS POSTAL RECEIPT Exhibit P6 A TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT CARD SIGNED BY THE 2ND RESPONDENT Exhibit P7 A TRUE COPY OF THE RECEIPT DATED 25.07.2023 SHOWING PAYMENT OF FEES FOR RENEWAL OF PERMIT AND USER CHARGES Exhibit P8 A TRUE COPY OF THE RECEIPT DATED 05.07.2023 OF THE PAYMENT OF COMPOUNDING FEE Exhibit P9 A TRUE COPY OF THE LETTER DATED 01.08.2023 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P10 A TRUE COPY OF THE DECLARATION DATED 17.08.2023 GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT

RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE