Kerala High Court

WP(C)/42876/2022 of ISMAIL Vs THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM on 30 December 2022

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COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944 WP(C) NO. 42876 OF 2022 PETITIONER: ISMAIL S/O. MOIDEEN, ENKAPPANTEPURAKKAL HOUSE, EDAKKADAPPURAM, TANUR P.O., MALAPPURAM-676302. BY ADV SRI.I.DINESH MENON

IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT

THE HONOURABLE MR.JUSTICE N.NAGARESH

FRIDAY, THE 30[TH] DAY OF DECEMBER 2022 / 9TH POUSHA, 1944WP(C) NO. 42876 OF 2022

PETITIONER:

ISMAILS/O. MOIDEEN, ENKAPPANTEPURAKKAL HOUSE, EDAKKADAPPURAM, TANUR P.O., MALAPPURAM-676302.BY ADV SRI.I.DINESH MENON

RESPONDENTS:

1THE REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, REGIONAL TRANSPORT OFFICE, COLLECTORATE P.O., MALAPPURAM-676505.2THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, REGIONAL TRANSPORT OFFICE, COLLECTORATE P.O., MALAPPURAM-676505.BY ADV SRI.V.S.SREEJITH - GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSIONON 30.12.2022, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING:

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J U D G M E N T

Dated this the 30[th] day of December, 2022

The petitioner has preferred Ext.P3 application for renewal ofthe permit obtained by him from the respondents. Ext.P3 is notbeing processed primarily on the ground that an NOC from thefinancier of the vehicle has not been obtained by the petitioner. Itis the case of the petitioner that, as per the statutory provisions,where the NOC from the financier is not obtained, the petitioner isrequired to submit a declaration under Section 51(8) of the MotorVehicles Act, and he has furnished such a declaration before the1[st] respondent. Taking note of the said fact, I dispose this writpetition with the following directions:

(i) The 1[st] respondent, before whom Ext.P3

application for renewal of permit has been preferredby the petitioner, shall consider the said application,in the light of the declaration produced by thepetitioner in terms of Section 51(8) of the MotorVehicles Act, and renew the permit if there is no anm : 3 :

other legal impediment for the same, within twoweeks from the date of receipt of a copy of thisjudgment, after hearing the petitioner.

(ii) The petitioner shall produce a copy of the writ petition together with a copy of this judgment, beforethe 1[st] respondent, for further action.

Sd/-N. NAGARESH JUDGE

APPENDIX OF WP(C) 42876/2022

PETITIONER EXHIBITSExhibit P1TRUE COPY OF THE REGULAR PERMIT DATED NIL.Exhibit P2TRUE COPY OF THE RC BOOK OF THE VEHICLE KL-11 AG 2979.Exhibit P3TRUE COPY OF THE APPLICATION FOR RENEWAL DATED 14.9.2022.Exhibit P4TRUE COPY OF THE REQUEST FOR NOC DATED 3.9.2022.Exhibit P5TRUE COPY OF THE DECLARATION SUBMITTED BYTHE PETITIONER DATED 12.9.2022.Exhibit P6TRUE COPY OF THE JUDGMENT IN WP(C) NO.831/2020 DATED 14.1.2020.

RESPONDENTS' EXHIBITS : NIL

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