SUNIL KUMAR Vs. JOINT RTO

JUDGEMENT

(1.) THE petitioner is the owner of a Mini Lorry bearing registration No.KL-13-N-3448 which is hypothecated to Magma Fincorp Ltd. Admittedly, the petitioner has submitted a request before the said financier for clearance certificate. THEy refused to issue such a clearance certificate and pursuant to which the petitioner has taken up the matter before the Consumer Redressal Forum. It is now pending before the Forum. In the meanwhile, the petitioner has submitted an application for renewal of permit. THE grievance of the petitioner is that the respondents are insisting for production of No Objection Certificate from the said Magma Fincorp Ltd. and on account of the failure on the part of the petitioner to produce such No Objection Certificate from the said financier the respondents are not considering the application for renewal of permit submitted by the petitioner. THE petitioner contends that in the meanwhile the first respondent issued Ext.P5 temporary permit and it is made valid for a maximum period of four months or till the disposal of the case now pending before the Consumer Redressal Forum, whichever is earlier. According to the petitioner, in the light of the provisions under Section 51(9) of the Motor Vehicles Act, 1988, the competent authority is bound to consider the request of the petitioner for renewal of permit without insisting for production of the No Objection Certificate especially taking into account the fact that the issue between the petitioner and the financier is admittedly pending.

(2.) I have heard the learned counsel appearing for the petitioner as also the learned Government Pleader. Ext.P5 would reveal the fact that the petitioner has actually submitted an application for renewal of permit. Admittedly, non-production of No Objection Certificate is the reason for non-renewal of the permit. When an application is submitted for renewal of permit, the competent authority is bound to pass orders thereon. In case of refusal on the part of the financier to issue the No Objection Certificate the decision need not be deferred whilst it has to be taken in the light of Section 51(9) of the Motor Vehicles Act,1988. Therefore, the first respondent is bound to consider the request of the petitioner for renewal of permit. In the above circumstances, this writ petition is disposed of with a direction to the first respondent to consider and pass orders on the application for renewal of permit which is admittedly pending before it expeditiously and in accordance with law, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment.