Kerala High Court
Ajeesh Vijayan vs Regional Transport Officer on 6 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
WP(C) NO. 42922 OF 2022
PETITIONER:
AJEESH VIJAYAN,
AGED 36 YEARS
S/O VIJAYAN, AMBATTUVITTIL HOUSE,
ELLACKAL P.O, IDUKKI DISTRICT-685 565.
BY ADV LATHEESH SEBASTIAN
RESPONDENTS:
1 REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT AUTHORITY, ANGAMALY,
ERNAKULAM DISTRICT -683 572.
2 THE MANAGER, HDFC BANK LTD.,
PALARIVATTOM BRANCH, ERNAKULAM - 682 025.
OTHER PRESENT:
SRI.SUNILKURIAKOSE, SR GP;
SRI PRATHEESH CHACKO, SC FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.42922 of 2022 2
P.V.KUNHIKRISHNAN, J
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W.P.(C) No. 42922 of 2022
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Dated this the 6th day of January, 2023
JUDGMENT
The above writ petition is filed with the following prayers:-
i. Call for the entire records relating to Ext.P1, P2 and P5 to P7
(b) from the respondents;
ii. Issue a writ of mandamus or any other writ, directions or
order directing the 1st respondent to renew Ext.P5 permit of
vehicle bearing Reg No.KL-63E-2102, as expeditiously as
possible within a time limit fixed by this Hon'ble Court and
send the communication to the petitioner.
iii. To dispense with the production of English translation of
vernacular documents;
iv. Such other relief that this Honorable court may deem fit to
render justice to the Petitioner.
2. The petitioner is in possession of a tipper lorry bearing
registration No. KL-63/E-2102 on the basis of the order of the Judicial
First Class Magistrate Court -II, Kothamangalm, in CMP No.1696 of 2018
in which proceedings, the registered owner of the vehicle was also a party.
The permit of the vehicle expired on 04/08/2022. The registered owner
purchased the vehicle with finance from the 2nd respondent bank. It is the
case of the petitioner that, the Munsiff Court, Ernakulam, in a suit filed by
the petitioner restrained registered owner and 2nd respondent from taking
possession of the vehicle and that order is in force. The petitioner requested
the 2nd respondent to issue NOC for renewing the permit, by sending
registered notice as evident by Ext.P7. Even after getting the notice the 2 nd
respondent has not responded. In such circumstances, it is submitted that in
the light of Section 51(7) of the Motor Vehicles Act, there is a deemed
NOC. The petitioner submits that the 1st respondent is bound to renew the
permit. Hence this writ petition is filed.
3. Heard the learned counsel for the petitioner, the learned
Government pleader and also the learned Standing Counsel for the 2 nd
respondent.
4. In the light of Section 51(7) of the Motor Vehicles Act, if the
financier did not pass orders on the application for NOC within seven days,
it can be considered as deemed NOC and the 1st respondent is bound by
law to renew the permit, if the application is otherwise in order. Therefore,
there can be a direction to the 1st respondent to consider the application for
renewal of the permit, if the application is otherwise in order, without
insisting NOC from the 2nd respondent.
Therefore this writ petition is disposed of with the following direction;
There will be a direction to the 1 st respondent to renew
the permit of the petitioner , without insisting NOC
from the 2nd respondent, if the application is otherwise
in order.
Sd/-
P.V.KUNHIKRISHN
JUDGE
AMR
APPENDIX OF WP(C) 42922/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE
OF TIPPER LORRY BEARING REG NO.
KL-63/E-2102.
Exhibit P2 TRUE COPY OF THE CITIZEN COPY OF FIR IN
CRIME NO.544/2018 OF OONNUKAL POLICE
STATION.
Exhibit P3 TRUE COPY OF COMMON ORDER DATED 28.03.2019
IN CMP NO.1696/2018 AND 1827/2018 OF
JFMC-II, KOTHAMANGALAM.
Exhibit P4 TRUE COPY OF THE ORDER OF MUNSIFF COURT,
ERNAKULAM IN I.A NO 9166/2019 IN O.S NO
1616/2019 DATED 16.01.2020 .
Exhibit P5 TRUE COPY OF THE GOODS CARRIAGE PERMIT OF
THE VEHICLE BEARING REG NO. KL-63/E-2102.
Exhibit P6 TRUE COPY OF THE TAX LICENSE ISSUED FROM
THE MOTOR VEHICLES DEPARTMENT DATED
01.10.2022.
Exhibit P7 TRUE COPY OF THE APPLICATION OF THE
PETITIONER SUBMITTED BEFORE THE 2ND
RESPONDENT DATED 16.12.2022 .
Exhibit P7 (a) TRUE COPY OF THE POSTAL RECEIPT OF SENDING
EXT P7 ON 16.12.2022.
Exhibit P7 (b) TRUE COPY OF THE INFORMATION AVAILABLE IN
THE SITE OF THE POSTAL DEPARTMENT.
