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2020 Supreme(Ker) 1042
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Raja Vijayaraghavan V., J.
Abeesh Rahman - Appellants
Vs.
Sub Regional Transport Officer Kodungallur, Thrissur and Ors. - Respondent
WP(C) 22749 of 2020
Decided On : 18-11-2020
For the Appellant : P.M. Ziraj
For the Respondents: K.P. Harish, Sr. Govt. Pleader
Refusal of interstate permits based on pending check reports is unjustified if the registered owner has not been found guilty, and there is no statutory insistence that check reports are to be cleared before renewing the permit.
Headnote:
Interstate Permits - Refusal based on pending check reports - Motor Vehicles Act, Section 3 - Summary: The court considered the refusal of interstate permits based on pending check reports and referred to previous judgments to establish that the pendency of check reports cannot be used to deny the right to transfer the vehicle or seek endorsement. The court held that there is no statutory insistence that check reports are to be cleared before renewing the permit, and since the registered owner has not been found guilty, the renewal of permit could not have been denied. The court directed the 1st respondent to issue the interstate permit and renew and issue the fitness certificate of the vehicles without insisting on clearing any pending check reports.
Fact of the Case:
The petitioner, a carriage operator, sought interstate permits, renewal, and fitness certificates for his vehicles, which were refused based on pending check reports.
Finding of the Court:
The court found that the refusal based on pending check reports was unjustified and directed the 1st respondent to issue the interstate permit and renew and issue the fitness certificate of the vehicles without insisting on clearing any pending check reports.
Issues: Refusal of interstate permits based on pending check reports
Ratio Decidendi: Pendency of check reports cannot be used to deny the right to transfer the vehicle or seek endorsement. There is no statutory insistence that check reports are to be cleared before renewing the permit.
Final Decision: The writ petition was allowed, and the 1st respondent was directed to issue the interstate permit and renew and issue the fitness certificate of the vehicles without insisting on clearing any pending check reports.
ORDER :
Raja Vijayaraghavan V., J.
1. The petitioner states that he is a carriage operator and owns lorries bearing registration No. KL-47G-8089, KL-47-J-0376 and KL-47-H-7457. He states that when he approached the 1st respondent for obtaining interstate permits, the same was refused on the ground that certain check reports were pending against the vehicles. Being aggrieved, the petitioner is before this Court seeking a direction to the respondents to issue interstate permit, renew and issue the fitness certificates of his vehicles without insisting on clearing any pending check reports.
2. I have heard Sri. P.M. Ziraj, the learned counsel appearing for the petitioner and the learned Government Pleader.
3. Sri. P.M. Ziraj relying on a judgment of a learned Single Judge of this Court in Kerala Bus Transport Association and Another v. Transport Commissioner, 2013 (1) KLT 440: (AIR 2013 KERALA 140)), contended that refusal or renewal of permit or declining the certificate of fitness owing to the pendency of a check report is wholly inequitable. The learned counsel would also refer to the judgment of a Division Bench of this Court in W.A. No. 2554 of 2017 dated 13.12.2017, wherein this Court relying on the dictum laid down by this Court in State of Kerala and another v. C.P. Varghese, 2017(3) KLT 744 : (AIR 2017 KERALA 232)), held that the pendency of the check report cannot be used to deny the registered owner his right to transfer the vehicle or in seeking endorsement of the same in the registration certificate.
4. The learned Government Pleader while opposing the prayer submitted that vehicles with check reports are blacklisted in the PARIVAHAN application and the concerned RTO will not be in a position to modify the same and make the endorsement.
5. I have considered the submissions advanced.
6. This Court had occasion to consider the question raised by the learned Government Pleader in W.P.(C) No. 18170 of 2020. In the said case, check reports were pending against a stage carriage when the application for renewal of permit came up for consideration. His request was refused on the premise that those vehicles with pending check reports would be blacklisted and the respondents will not be in a position to open the PARIVAHAN software and carry out the request for renewal. The petitioner in the said case took steps to implead the Ministry of Road Transport and Highways and also the Director- General of NIC to provide clarity as to whether there is any such constraint in the PARIVAHAN software. The Central Govt. Counsel, after getting instructions from the Deputy Director-General, NIC, Kerala State Centre, had filed a statement and on its basis, this Court had observed thus:
"8. A statement has been filed based on instructions given by the Deputy Director-General, NIC, Kerala State Centre. Para 3 to 5 of the statement is extracted below:
"3. As per Vahan software configuration for Kerala, the services of vehicles having pending check reports will be blocked. At present, pending check reports (which are not captured through the newly introduced e-Challan system), can be released by the RTO through the following facilities provided in the Vahan software.
i) By paying the fine amount against the check reports at the RTO counter in which the offence is recorded(or) in the RTO where the vehicle is registered.
ii) By online payment using the login credentials. The login credentials for online payment can be obtained from the RT office where the offence is recorded or from the office where the vehicle is registered.
iii) Else RTO can take decision to release the check report of the vehicle without making payments.
4. The petitioner is having 6 non-paid check reports in Vahan software and the check reports can be released by any of the options available in the Vahan software as given above.
5. By the implementation of e-Challan system in the department, the offender can pay the fine against the offences through the following facilities in the e-Challan
