P KANNAN Vs. REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) THIS writ petition has been filed challenging the order of the first respondent, dated 11.01.2011, rejecting the request of the petitioner for the renewal of the permit, in respect of the Auto Rickshaw bearing Registration No.TN07-AZ-7243.

(2.) THE learned counsel appearing on behalf of the petitioner had submitted that the first respondent had rejected his request for the renewal of the permit only on the ground that there has been a delay in making the request for such renewal. He had also submitted that a Medical Certificate, dated 21.05.2010, issued by the Senior Assistant Surgeon of the Government Estate Dispensary attached to the Government General Hospital, Chennai, had been produced before the first respondent, explaining the delay in making the request for the renewal of the permit. In the said Medical Certificate, it has been clearly stated that the petitioner had been hospitalized, from 21.05.2010 to 28.11.2010. He had also submitted that the first respondent has the power under Section 81(3) of the Motor Vehicles Act, 1988, to entertain an application for the renewal of the permit, if it had been submitted beyond the time limit prescribed for making a request for such renewal. THErefore, the impugned order of the first respondent, dated 11.01.2011, rejecting the request of the petitioner for the renewal of the permit, is arbitrary, illegal and void.

(3.) IT is also seen that the only reason for rejection of the request of the renewal of the permit is that it had been submitted, belatedly, beyond the time limit prescribed for submitting such request for renewal of permit. IT is also seen that the first respondent had the power, under Section 81(3) of the Motor Vehicles Act, 1988, to condone the delay in submitting the request for the renewal of the petitioner. As such, it is clear that the first respondent had no good reason to reject the request of the petitioner for the renewal of the permit. IT is also not the case of the respondents that the petitioner is not qualified for the renewal of the permit. In such circumstances, the impugned order of the first respondent, dated 11.01.2011, is set aside and the first respondent is directed to consider the application of the petitioner for the renewal of the permit, in respect of the Auto Rickshaw bearing Registration No.TN07-AZ-7243, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. This Writ Petition is ordered accordingly. No costs. Consequently, connected Miscellaneous Petitions are closed.