S. ANANTHAKRISHNAN Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) This Writ Petition is filed challenging the order of the State Transport Appellate Tribunal dated 03.09.2009 in M. V. Appeal No.151 of 2009, which came to be passed under Section 89(1)(e) of the Motor Vehicles Act, 1988.

(2.) The Writ Petitioner is a permit holder of Mini Bus bearing Registration No.TN-22-A-2099. The permit was valid till 07.06.2006. The petitioner has applied for renewal of permit on 23.5.2006 before the Regional Transport Authority, Thoothukudi. The application for renewal was returned to the petitioner on 07.06.2006 to rectify certain defects in terms of Section 166 of the Tamil Nadu Motor Vehicles Rules, 1989 by giving seven days time for rectification of defects and also to furnish five documents that are required to be re-submitted. The said application was not re-submitted within a period of seven days but was re-submitted by the petitioner, with a delay of 2 years and 10 months, on 24.3.2009. The petitioner states that the delay is not on the part of the petitioner but on account of the financier refusing to issue No Objection Certificate. The said application was rejected by the Regional Transport Authority on 22.6.2009. Aggrieved by the same, the petitioner has preferred an appeal before the State Transport Appellate Tribunal.

(3.) The Tribunal, after hearing the petitioner, dismissed the appeal holding that as per Rule 166 of the Tamil Nadu Motor Vehicle Rules, 1989, even though the financier refuses to issue the No Objection Certificate, the petitioner has to re-submit the application for renewal within a period of seven days. Challenging the order of the Tribunal, the petitioner has preferred the present Writ Petition.