Kerala High Court
Nibin Augistine vs The Regional Transport Authority on 6 February, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 4246 OF 2024
PETITIONER:
NIBIN AUGISTINE
AGED 33 YEARS
S/O. AUGUSTINE , ARACKAL, PUTHENPALLY,
VARAPUZHA .P.O., ERNAKULAM DISTRICT.,
PIN - 683542
BY ADV PRASAD CHANDRAN
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY
REPRESENTED BY SECRETARY, ERNAKULAM,
CIVIL STATION, KAKKANAD KOCHI.,
PIN - 682030
2 THE MANAGER
FORTUNE INTEGRATED ASSETS FINANCE LTD FIRST FLOOR PANNATH
SQUARE, OPP SML MOTORS, PUKKATTUPADY, TOLL JUNCTION,
EDAPALLY P.O., KOCHI., PIN - 682024
SRI.SREEJITH V.S-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.4246 OF 2024
2
JUDGMENT
Dated this the 6th day of February, 2024
The petitioner, who is the registered owner of a Bajaj
Autorickshaw Vehicle Contract Carriage, has approached
this Court filing this writ petition seeking to direct the 1 st
respondent-Regional Transport Authority to issue No
Objection Certificate for renewal of Ext.P2 Permit of the
petitioner's Contract Carriage and renew the same without
insisting for No Objection Certificate from the 2 nd respondent-
Financier.
2. The petitioner states that the Regular Permit of
his vehicle was valid upto 10.01.2024. The petitioner
submitted application for renewal of Regular Permit online
on 28.12.2023. The vehicle was hypothecated with the 2 nd
respondent. An endorsement has been made to that effect in
WP(C) NO.4246 OF 2024
the Registration Certificate. The petitioner states that the
loan instalments payable to the 2nd respondent are in
arrears.
3. The petitioner applied for a No Objection
Certificate for renewal of Regular Permit from the 2 nd
respondent. The 2nd respondent has not issued No Objection
Certificate. The 1st respondent-Regional Transport Authority
has now passed an order asking the petitioner to produce
No Objection Certificate under Section 51(8) of the Motor
Vehicles Act for renewing the Permit.
4. The petitioner states that the 1st respondent is
refusing to renew the Permit for non receipt of a No
Objection Certificate, which the 2nd respondent-Financier
refuses to issue. If the Financier is refusing to issue No
Objection Certificate, the authorities have power to consider
his application and renew the Permit. This Court has held
that refusal to renew the Permit for the reason that No
WP(C) NO.4246 OF 2024
Objection Certificate has not been produced, is illegal. The
right to operate transport vehicles for hire or reward on the
public pathways is a fundamental right guaranteed under
Article 19(1)(g) of the Constitution of India, contends the
petitioner. In the circumstances, the respondents are
compellable to consider the renewal application of the
petitioner and issue renewed Permit.
5. Senior Government Pleader entered appearance
on behalf of the 1st respondent and resisted the writ petition.
The Senior Government Pleader denied all the allegations
made by the petitioner in the writ petition. As per Sections
51(8) and (9) of the Motor Vehicles Act, 1988, when an
application is received for issuance of Permit or for renewal
of Permit, the authority has to call for No Objection
Certificate from the Financier. The petitioner has not
produced No Objection Certificate from the Financier. In the
circumstances, the 1st respondent has issued notice to the
WP(C) NO.4246 OF 2024
2nd respondent on 02.02.2024. On receipt of reply, a decision
can be taken on the application of the petitioner.
6. I have heard the learned counsel for the petitioner
and the learned Senior Government Pleader representing
the 1st respondent.
7. Section 51(8) of the Kerala Motor Vehicles Act
provides that the Registered owner while applying for
renewal of Permit shall submit with such application
Certificate obtained under Sub-Section (7) or, where no such
Certificate has been obtained, the communication received
from the Financier under that Sub-Section, or a declaration
that he has not received any communication from the
Financier within the period of seven days specified in that
Sub-Section. Now that the 1st respondent has already issued
a communication to the 2 nd respondent on 02.02.2024, the
1st respondent can take a decision immediately on expiry of
the period of one week.
WP(C) NO.4246 OF 2024
In the circumstances, the writ petition is disposed of
directing the 1st respondent-Regional Transport Authority to
consider and pass orders on the application for renewal of
Permit submitted by the petitioner within a period of seven
days from today.
Sd/-
N.NAGARESH
JUDGE
hmh
WP(C) NO.4246 OF 2024
APPENDIX OF WP(C) 4246/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE REGISTRATION
PARTICULARS IN RESPECT OF THE
PETITIONER'S VEHICLE
Exhibit P2 A TRUE COPY OF THE REGULAR PERMIT
VALID TILL 10.01 2024
Exhibit P3 A TRUE COPY OF THE E-FEE RECIPT DATED
28.12.2023
Exhibit P4 A TRUE COPY OF THE APPLICATION
SUBMITTED BY THE PETITIONER DATED
03.01.2024
