REGHUNATHAN K Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner had a goods carriage permit which was under hire purchase agreement with the 3rd respondent. When the period of permit expired, the petitioner submitted an application for renewal of the permit. The 2nd respondent refused to consider the same on the ground that 'no objection certificate' from the 3rd respondent was not produced by the petitioner. Petitioner approached this Court. By Ext. P1 judgment in Writ Petition (C) No. 15747 of 2006, this Court directed the 2nd respondent to consider the application for renewal with notice to the 3rd respondent in accordance with law. It was directed to take a final decision within a period of 6 weeks from the date of receipt of a copy of that judgment. By Ext. P2 order, the petitioner's application for renewal of permit was rejected on the ground that the 3rd respondent has objected to the renewal of the permit, since the petitioner has not cleared the dues under the hire purchase agreement. Petitioner challenged the same before the State Transport Appellate Tribunal, Ernakulam, who by Ext. P3 order, directed the disposal of the application on merits after giving the petitioner an opportunity to cure the defects, if any, in the application. Despite that order, the 2nd respondent is not passing orders on the application for renewal is the complaint raised by the petitioner in this writ petition. Petitioner therefore seeks the following reliefs:

(2.) A counter affidavit has been filed by the 2nd respondent taking the stand that insofar as 'no objection certificate' from the financier has not been produced, Ext. P2 order already passed still stands good and it is not necessary to pass fresh orders on the application. There is no question of passing fresh order.

(3.) The learned counsel for the 3rd respondent would vehemently oppose the petition. According to him, more than rupees two lakhs are still due from the petitioner towards repayment as per the hire purchase agreement and therefore the permit cannot be renewed.