The court held that transport authorities cannot refuse permit renewal due to lack of financier NOC. It directed renewal following Section 51(9) procedures after notifying the financier.
Petitioner directed to proceed with permit renewal application following Section 51(9) procedures after notice to the third respondent within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932
WP(C).No. 9910 of 2010(K) ------------------------------------
PETITIONER(S):
----------------------
M.J.ABRAHAM, S/O.JACOB, AGED 42 YEARS, MADAPPILLIYIL HOUSE, CHULLYYODE P.O., SULTHANBATHERY, WAYANAD DISTRICT.
BY ADVS.MR.C.A.CHACKO SMT.C.M.CHARISMA MR.N.A.SHAFEEK MR.M.S.UNNIKRISHNAN (OASIS)
RESPONDENT(S):
-------------------------
1. THE REGIONAL TRANSPORT AUTHORITY, WAYANAD, REP. BY THE SECRETARY.
2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, WAYANAD.
3. THE MANAGING DIRECTOR, KERALA TRANSPORT DEVELOPMENT FINANCE CORPN. LTD., TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM.
R1 & R2 BY SR. GOVT. PLEADER MR.K.C.SANTHOSHKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
tss
K. SURENDRA MOHAN, J.
W.P(C) NO: 9910 OF 2010
----------------------------------------------------------Dated this the 25th March, 2010.
JUDGMENT
The petitioner has filed this writ petition challenging the action of respondents 1 and 2 in not considering his application for renewal of the permit of his stage carriage for the reason that a No Objection Certificate has not been issued by the third respondentfinancier.
WPC 9910/2010 2
Ext.P5 stating that the finance was arranged by Messrs. Shriram Transport Finance Co. Ltd and therefore they have to be addressed for the issue of an NOC. According to the petitioner, he has no dealings with the said company. He had taken loan from the third respondent company and therefore, the NOC has to be issued by the third respondent.
“12. May be by reason of any event subsequent to the actual registration of the vehicle, there has been a change in the contractual relationship between the original registered owner and the financier. May be the financier has availed of a re-financing facility from another person. May be, as is alleged to have
WPC 9910/2010
3
happened in the instant case, the additional third respondent has stepped into the shoes of the second respondent on payment of the amounts due from the petitioner to the financier. But these are aspects which could be resolved only under the auspices of a contract between the parties and in terms of the said contract.”
xxxx xxxx xxxx
WPC 9910/2010
4
be attributed to the additional third respondent. Of course, it would be open to the third respondent, nevertheless to move the competent Civil Court for appropriate declaratory relief with the registering authority on the party array.”
registering the authority has therefore to proceed in accordance with the provisions of Section 51 of the Act. Therefore, the refusal of the authorities to renew the permit of the petitioner is without any justification.
K. SURENDRA MOHAN Judge
jj
WPC 9910/2010 5
K.K.DENESAN & V. RAMKUMAR, JJ.
M.F.A.NO:
JUDGMENT
Dated:
2 issues framed by the court
Whether the transport authorities can refuse to renew a permit solely because a No Objection Certificate has not been issued by the financier.
Whether a third-party financier who has stepped into the shoes of the original financier under a separate contract can claim status under Section 51 of the Motor Vehicles Act.
Colour shows how this judgement treated each authority
Bindhu v. RTA, KottayamRelied on¶26
Bindhu v. RTA, Kottayam {2009(3) KLT 525}
2 provisions across 1 enactments
M.J. Abraham
Regional Transport Authority, Wayanad
Secretary, Regional Transport Authority, Wayanad
Managing Director, Kerala Transport Development Finance Corp. Ltd.
K. Surendra Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
