High Court Kerala High Court

T.S.Jayakrishnan vs The Secretary on 21 December, 2010

Kerala High Court
T.S.Jayakrishnan vs The Secretary on 21 December, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36693 of 2010(J)


1. T.S.JAYAKRISHNAN,THERAYANKODE HOUSE,
                      ...  Petitioner

                        Vs



1. THE SECRETARY,REGIONAL TRANSPORT
                       ...       Respondent

                For Petitioner  :SRI.I.DINESH MENON

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :21/12/2010

 O R D E R
                           C.T. RAVIKUMAR, J.
                    --------------------------------------------
                       W.P.(C). NO. 36693 OF 2010
                    --------------------------------------------

                 Dated this the 21st day of December, 2010


                                 JUDGMENT

The grievance of the petitioner is with respect to the non-

consideration of the application submitted by him for renewal of contract

carriage permit in respect of contract carriage vehicle bearing registration

No.KL-9 S 829. Ext.P2 would reveal that the petitioner has submitted

such an application before the respondent. Evidently, the reason for the

delay in consideration of the application is the failure on the part of the

petitioner to produce No Objection Certificate in terms of the provisions

under Section 51 of the Motor Vehicles Act, 1988 (for short ‘the Act’).

The contention of the petitioner is that he has already approached the

financier for getting the No Objection Certificate through Ext.P3. Ext.P4

would reveal that such a request has been made by the petitioner with the

financier. On account of the failure of the financier to respond to the

requisition for issuance of No Objection Certificate, the respondent has to

proceed with the consideration of such an application in terms of the

deeming provision under 51(7) of the Act, it is contended. Section 51(7)

W.P.(C) NO.36693/2010 2

of the Act admittedly contains a deeming provision. But, in order to

facilitate the respondent to take a decision in terms of the provisions under

Section 51(7), the petitioner has to satisfy the said authority that he has

taken appropriate action in terms of the provisions under Section 51(7) of

the Act. It will also be open to the respondent to issue notice to the

financier to ascertain the verity of the contention of the petitioner

regarding the financier’s failure to respond to his request for issuance of

No Objection Certificate after receipt of Ext.P3 letter. At any rate, there

cannot be any justification for delaying a decision on the application

submitted by the petitioner for renewal of contract carriage permit in

respect of the aforesaid vehicle any further. In the circumstances, this Writ

Petition is disposed of with a direction to the respondent to consider and

pass orders on the application submitted by the petitioner for renewal of

contract carriage permit in respect of the aforesaid vehicle bearing

registration No.KL-9 S 829, in accordance with the provisions under

Section 51 of the Act. This shall be done expeditiously, at any rate, within

a period of six weeks from the date of receipt of a copy of this judgment

with notice to the petitioner as also to the financier of the said vehicle.

(C.T. RAVIKUMAR, JUDGE)

spc

W.P.(C) NO.36693/2010 3

C.T. RAVIKUMAR, J.

JUDGMENT

September, 2010

W.P.(C) NO.36693/2010 4