Disposed

Antony Varghese v. the Sub-Regional Transport Officer

Kerala HC10 Sept 2021WP(C)/15081/2021

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking renewal of a contract carriage permit. Directing the Sub-Regional Transport Officer to pass orders on the renewal application under Section 51(9) of the Motor Vehicles Act, noting a No Objection Certificate from the financier and directing deletion of black-list entries.

What did the court decide?

Directions to pass orders on permit renewal application and delete black list entries.

Antony Varghese Vs the Sub-Regional Transport Officer — Service and Employment | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SATHISH NINAN

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FRIDAY, THE 10^TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943

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WP(C) NO. 15081 OF 2021

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PETITIONER:

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ANTONY VARGHESE AGED 53 YEARS S/O.VARGHESE, KARUKAYIL PUTHEN VEEDU, CHERUKOLE P.O., CHENNITHALA, MAVELIKKARA, ALAPPUZHA-690104.

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BY ADV B.MOHANLAL

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RESPONDENTS:

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1 THE SUB-REGIONAL TRANSPORT OFFICER MAVELIKKARA, MAVELIKKARA P.O., ALAPPUZHA-690101.

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2 THE INDOSTAR CAPITAL FINANCE LIMITED, 2ND FLOOR, SAKITHYAN ANNEXE BUILDING, NO.22 & 23, VENKATACHARAYANA ROAD, T.NAGAR, CHENNAI-600017, TAMIL NADU STATE (FORMERLY INDIA INFOLINE FINANCE LIMITED, 2ND FLOOR, I SANA TOWERS, JOSE JUNCTION, M.G.ROAD, KOCHI).

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3 THE TAAN UNION CIBIL LIMITED (FORMERLY CREDIT INFORMATION BUREAU INDIA LTD) ONE INDIA BULL CENTRE, TOWER 2A, 19TH FLOOR, SENAPATHY BAPAT MARG, ELPHLNSTONE ROAD, MUMBAI-400013.

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BY ADV C.AJITH KUMAR BY SRI.BIMAL K. NATH, SR. GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = W. P. (C) No.15081 of 2021 = = = = = = = = = = = = = = = = = = Dated this the 10^th day of September, 2021

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J U D G M E N T

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Contract carriage bearing No.KL-31-J-1244 was

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purchased by the petitioner availing financial assistance from the second respondent financier. The petitioner held a permit having validity up to 10.12.2020. Consequent to the default in payment of instalments under the hire purchase scheme to the second respondent, entries were made by the Motor Vehicles Department in the black list status as evidenced by Exts.P6 and P7. Petitioner wants to renew the permit.

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According to the petitioner, there has been a settlement with the second respondent and the second respondent has issued Ext.P5 No Objection Certificate for renewal of permit retaining the endorsement regarding hypothecation. It would be sufficient if orders are passed on the petitioner's application for

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W. P. (C) No.15081 of 2021 -: 2 :-

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renewal with due notice to the second respondent and in terms of Section 51(9) of the Motor Vehicles Act.

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Accordingly, the writ petition is disposed of directing the first respondent to pass orders on petitioner's application for permit in terms of Section 51(9) of the MV Act. Once orders are passed in favour of the petitioner, the entries in the black list status shall be deleted from Exts.P6 and P7.

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Sd/- SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

APPENDIX OF WP(C) 15081/2021

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PETITIONER EXHIBITS

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Exhibit P1	THE TRUE COPY OF THE R.C PARTICULARS OF THE PETITIONER'S 2015 MODEL TRAVELER LMV CONTACT CARRIAGE DIESEL BEARING REG.NO.KL-31-J-1244.
Exhibit P2	THE TRUE COPY OF THE PERMIT NO.P.CO 31/1284/2015 DATED 23.12.2015 ISSUED BY THE 1ST RESPONDENT HAVING ITS VALIDITY TILL 10.12.2020.
Exhibit P3	THE TRUE COPY OF THE CERTIFICATE OF FITNESS ISSUED BY THE 1ST RESPONDENT TO THE VEHICLE OF THE PETITIONER.
Exhibit P4	THE TRUE COPY OF THE ORDER DATED 11.12.2019 IN A.NOS.9399 AND 9401 OF 2019 IN O.P.NO.1002/2019 OF THE HON'BLE HIGH COURT OF JUDICATURE OF MADRAS.
Exhibit P5	THE TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 31.12.2020 ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT.
Exhibit P6	THE TRUE COPY OF THE BLACK LIST STATUS OF THE PETITIONER'S VEHICLE OBTAINED FROM M-
	PARIVAHAN PORTAL OF THE MOTOR VEHICLE DEPARTMENT.
Exhibit P7	THE TRUE COPY OF THE REGISTERED VEHICLE DETAILS OBTAINED BY THE PETITIONER FROM THE
	E-VAHAN PORTAL OF THE MOTOR VEHICLES DEPARTMENT.
Exhibit P8	THE TRUE COPY OF THE JUDGMENT IN W.P(C)NO.24599/2019 DATED 23.11.2020 OF THIS HON'BLE COURT.
Exhibit P9	THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 03.09.2021 BEFORE THE
	1ST RESPONDENT FOR EXTENSION OF PERMIT FOR A PERIOD OF 5 YEARS.

Antony Varghese v. the Sub-Regional Transport Officer

Case brief

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Antony Varghese v. the Sub-Regional Transport Officer

Case brief

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