JUDGMENT

Dated this the 28th day of February, 2024 The petitioner is the registered owner of a Tourist Bus bearing registration No.KL-51D-9647. The vehicle is hypothecated to Sakthi Finance Ltd. The vehicle has contract carriage permit and for the purpose of renewing Vehicle Permit, No Objection Certificate from the Bank is required. For getting No Objection Certificate, the petitioner filed application before the Finance Company, but there is no response from the Finance Company.

2. As per Section 51(7) of the Motor Vehicles Act, 1988, if no response is received from the Finance Company within seven days from the receipt of an application for No Objection Certificate, then the Certificate applied for shall be deemed to have been issued.

3. The petitioner made representation before the Regional Transport Authority, Ernakulam for renewal of permit in the absence of No Objection Certificate from the Finance Company. In Jayamon v. Regional Transport Authority, Cherthala and another [2015 (2) KHC 685], this Court held that the provision does not mandate production of No Objection Certificate from the financier. It speaks only of a request being made to financier and on no response, a declaration need to be filed before the concerned authority.

4. The counsel for the 3rd respondent entered appearance and resisted the writ petition. On behalf of the 3rd respondent, it is submitted that more than ₹25 lakhs is due from the petitioner to the 3rd respondent towards advancing finance for purchase of vehicle. It is in such circumstances that the 3rd respondent is not issuing No Objection Certificate to the petitioner. The counsel submitted that if the 2nd respondent is considering the application submitted by the petitioner, the 3rd respondent may also be heard in the matter.

5. Government Pleader submitted that pursuant to the applications received, notice was sent to the petitioner as well as the 3rd respondent within seven days. However, the petitioner did not appear before the Regional Transport Officer. The counsel for the petitioner would, however, dispute the same.

6. The counsel for the petitioner submits that in view of Section 51(7) of the Motor Vehicles Act, 1988, if No Objection Certificate is not received, the petitioner is entitled to the benefit of deemed No Objection Certificate.

7. I am of the view that this is a matter to be considered by the competent among the respondents after giving an opportunity of hearing to the petitioner and the 3rd respondent.

The writ petition is accordingly disposed of directing the competent among the respondents to issue a fresh notice of hearing to the petitioner and the 3rd respondent within a period of ten days from today and take appropriate decision in the matter in accordance with law after hearing the petitioner and the 3rd respondent.

Sd/-

N. NAGARESH JUDGE

SR

APPENDIX OF WP(C) 5383/2024 PETITIONER'S EXHIBITS:

Exhibit P1 THE TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING REGISTRATION NUMBER KL-51-D-9647 ISSUED 15.11.2013 Exhibit P2 THE TRUE COPY OF THE CONTRACT CARRIAGE PERMIT OF THE VEHICLE BEARING REGISTRATION NUMBER KL-51-D-

9647 DATED 29.12.2018 Exhibit P3 THE TRUE COPY OF THE REPRESENTATION DATED 05-12-2023 MADE BEFORE THE 3RD RESPONDENT Exhibit P4 THE TRUE COPY OF THE POSTAL RECEIPT DATED 20-12-2023 Exhibit P5 THE TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 2ND RESPONDENT DATED

19-01-2024 Exhibit P6 THE TRUE COPY OF THE POSTAL RECEIPT DATED 24-01-2024 Exhibit P7 THE TRUE COPY OF THE E FEE RECEIPT DATED 29/12/2023 ISSUED BY TRANSPORT DEPARTMENT