REJI VARGHESE Vs. TRANSPORT COMMISSIONER, GOVERNMENT SECRETARIAT

JUDGEMENT

(1.) The petitioner has approached this Court with the following prayers:

(2.) For the aforementioned vehicles, finance were obtained by the petitioner from respondent No.3. The fitness certificate of both the vehicles though is valid upto 24/10/2022, but the taxes were due from 31/3/2022. Petitioner wanted to pay the taxes but the respondents were not accepting the taxes on account of the fact that the financier had sent intimation to the registering authority of having not cleared the dues. It is on that account the vehicles were blacklisted.

(3.) Learned counsel for the petitioner submits that provisions of Sec. 51 of the Motor Vehicles Act, 1988 provide a provision for submitting an application to the financier for issuance of no objection and in case of non-receipt of any communication within a period of 7 days, it is deemed to have been given. Even otherwise, if the petitioner does not apply for an NOC registering authority is not impeded to renew the permit and accept the taxes. This is what has been stated in the counter affidavit of the state.