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2024 Supreme(Online)(KER) 29507

HIGH COURT OF KERALA
N. NAGARESH, J
MARY SEENA K.J – Appellant
Versus
TRANSPORT COMMISSIONER – Respondent


JUDGEMENT

Dated this the 12th day of April, 2024 The petitioner is aggrieved by the refusal on the part of the 2nd respondent in renewing the vehicle permit on the ground that the petitioner has not produced No Objection Certificate from the 3rd respondent. The petitioner has purchased the vehicle by availing loan from the 3rd respondent and has committed default in the repayment of loan amount.

2. This Court in W.P.(C) No.5780 of 2024 has already held that the financial institutions cannot have the excuse of bankers lien in order to defeat the requirements under the Motor Vehicles Act, 1988 and the Rules framed thereunder. In the light of the said judgment, the objection raised by the 3rd respondent is unsustainable and illegal. Hence, the petitioner has filed this writ petition.

3. The pleadings in the writ petition would show that the petitioner's application for Autorickshaw Permit is not being renewed on the ground that the financier has not granted No Objection Certificate. The petitioner has sent Ext.P3 notice to the 3rd respondent. According to the petitioner, the 3rd respondent has not responded to Ext.P3

and therefore, the 2nd respondent is bound to allow the application of t

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