Writ petition filed for renewal of goods carriage permit. Court directed RTO to consider renewal application after providing notice to the financier within six weeks.
Direction to first respondent to consider application for renewal of permit after notifying the second respondent and take decision within six weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 4TH DAY OF AUGUST 2016/13TH SRAVANA, 1938
WP(C).No. 18742 of 2016 (P)
PETITIONER(S):
SRI.A.ASHOKKUMAR S/O ARJUNAN, AGED 38 YEARS, FACTORY SOUTH DIVISION, CHOKKANAD ESTATE, MUNNAR-685561
BY ADVS.SRI.A.J.VARGHESE SRI.JOSE. V.V.
RESPONDENT(S):
1. JOINT REGIONAL TRANSPORT (OFFICER) DEVIKULAM AT ADIMALY, ADIMALY IDUKKI DISTRICT-685561
2. M/S. KLM CREDIT SYNDICATE MATHEWSON TRADE CENTRE KALOOR, KOCHI-682017
R2 BY ADV. SRI.C.R.SANISH R1 BY SR.GOVERNMENT PLEADER SRI. PAUL VARGHESE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 18742 of 2016 (P)
APPENDIX
//TRUE COPY//
P.A. TO JUDGE
dlk
SHAJI P. CHALY, J.
W.P.(C)No.18742 of 2016
----------------------------------------
Dated this the 4th day of August, 2016
JUDGMENT
Petitioner is a driver and owner of a light motor goods carriage vehicle bearing No. KL-07-AJ-6431. The permit was valid till 25.4.2016. When petitioner submitted application seeking renewal of the permit, Ext.P4 was issued by the Joint RTO, Admali directing the petitioner to produce No Objection Certificate from the second respondent, financier, since the vehicle of
the petitioner is having hypothecation with the second respondent. Later, petitioner has issued a notice to the second respondent, evident from Ext.P5, which was received by the second respondent on 1.6.2016. It is in this background, this writ petition is filed.
learned senior Government Pleader and learned
counsel for the second respondent-financier.
W.P.(C)No.18742 of 2016
2
made across the Bar, there will be a direction to the first respondent to consider the application submitted by the petitioner seeking renewal of the goods carriage permit, after providing notice to the second respondent, in accordance with law, and take a decision on the same, within six weeks from the date of receipt of a copy of this judgment.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P. CHALY, JUDGE
dlk/4/8/
1 issue framed by the court
Whether the RTO should renew the goods carriage permit without No Objection Certificate from the financier when hypothecation exists.
1 provisions across 1 enactments
SRI. A. ASHOKKUMAR
JOINT REGIONAL TRANSPORT OFFICER DEVIKULAM
M/S. KLM CREDIT SYNDICATE
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
