Kerala High Court
Ajeer T.P vs The Secretary, Regional Transport ... on 21 November, 2024
Author: D. K. Singh
Bench: D. K. Singh
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WP(C)No. 41195 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
THURSDAY,THE 21ST DAY OF NOVEMBER 2024/30TH KARTHIKA, 1946
WP(C) NO. 41195 OF 2024
PETITIONERS:
AJEER T.P.,
AGED 37 YEARS, S/O. EBRAHIMKUTTY P.P,
THARAYIL PEEDIKAYIL, MATTOOL SOUTH,
KANNUR, PIN - 670302
BY ADV. K.V. GOPINATHAN NAIR.
RESPONDENT:
THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY, KANNUR,
CIVIL STATION, COLLECTORATE RD,
TALAP, KANNUR, PIN - 670002.
SRI.S. GOPINADHAN - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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D. K. SINGH, J.
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W.P.(C) No. 41195 of 2024
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Dated this the 21st day of November, 2024
JUDGMENT
1. Heard Mr. K. V. Gopinathan Nair, learned Counsel for the
petitioner and Mr. S. Gopinathan, learned Senior Government
Pleader for the respondent.
2. The petitioner is a contract carriage permit holder in respect
of his vehicle KL 35/A 2511. The said permit is valid up to
27.11.2024. The petitioner has got the said vehicle financed from
one M/s. Sakthi Finance Ltd. under a hire purchase agreement. The
petitioner addressed a letter to the said finance company for giving
No Objection Certificate (NOC) for renewal of the contract carriage
permit. However, it appears that the said finance company has
refused to issue NOC on the ground that there was an outstanding
of Rs. 18,05,577/- in respect of said vehicle to be paid by the
petitioner.
3. The petitioner's application for renewal of the permit has not
been considered on the ground that the financier has not issued
NOC.
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4. The learned Counsel for the petitioner submits that, even if
the financier has denied issuing NOC, the authority is required to
consider the application in accordance with the law and after
hearing the petitioner and the financier and take appropriate
decision. At the threshold, the authority cannot refuse to renew the
permit on the ground that the financier has refused to give NOC.
5. On the other hand, Mr. S. Gopinathan, learned Senior
Government Pleader submits that the power and procedure for
renewal of permits etc. is provided under Sub-sections (6), (7), (8)
and (9) of Section 51 of the Motor Vehicles Act,1988 (hereinafter
referred to as the 'Act' for short). He further submits that if the
financier does not issue the NOC, the authority should issue notice
to the financier and the petitioner and, after hearing them, will take
appropriate decision in accordance with.
6. Sub-sections (6), (7), (8) and (9) of the Motor Vehicles Act, 1988
reads as under;
51. Special provisions regarding motor vehicle
subject to hire-purchase agreement, etc.
(6) The registered owner shall, before applying to the
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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
and 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.
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(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
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.
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7. Sub-section (6) of the Act provides to obtain a NOC from the
person with whom the holder of the permit has agreement of
finance. However, if the financier does not give the NOC, the
authority is required to act in accordance with the provisions of Sub-
sections (6), (7), (8) and (9) of Section 51 of the Act.
8. Considering the aforesaid facts, the present writ petition is
hereby disposed of with direction to the respondent authority to
issue notice to the financier and the petitioner and take an
appropriate decision in accordance with the law after hearing the
petitioner and the financier regarding renewal of the contract
carriage permit of the petitioner for which the petitioner has filed
an application in Exhibit P-5 expeditiously, preferably within a
period of two months.
Sd/-
D. K. SINGH
JUDGE
Svn
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APPENDIX OF WP(C) 41195/2024
PETITIONER EXHIBITS
Exhibit.P1 TRUE COPY OF THE PERMIT DATED
28.11.2019
Exhibit.P2 TRUE COPY OF THE REGISTRATION
PARTICULARS IN RESPECT OF THE VEHICLE
DATED NILL
Exhibit.P3 TRUE COPY OF THE REQUEST SUBMITTED BY
THE PETITIONER SEEKING NOC OF THE
FINANCER DATED 07.11.2024
Exhibit.P4 TRUE COPY OF THE REPLAY GIVEN BY THE
FINANCER WITH COPY TO THE RESPONDENT
DATED NILL
Exhibit.P5 TRUE COPY OF THE APPLICATION SUBMITTED
BY THE PETITIONER IN THE PRESCRIBED
FORM PRA DATED 14.11.2024
Exhibit.P6 TRUE COPY OF THE VEHICLE SEARCH TAKEN
FROM THE PARIVAHAN SITE DATED NILL
