The court held that issuance of a No Objection Certificate is contingent upon securing outstanding liabilities, emphasizing the requirement of due process in vehicle transactions.

JUDGMENT

The petitioner, who was the registered owner of a tipper lorry bearing registration No.KL-29-H-4788, has filed the captioned writ petition, pointing out that though the petitioner was proposing to sell the vehicle to a third party, the 1^st respondent herein has not issued NOC to the vehicle in question in the light of various e-challans issued by the Motor Vehicle Department for offences detected by the said department.

2. Heard Sri.G.Hariharan, the learned counsel for the petitioner, as well as Smt.Sylaja S.L, the learned Government Pleader.

3. The petitioner is not disputing the fact that the e-challans – as many as 17 numbers – have been issued with respect to the vehicle in question. The petitioner only requires an adjudication to be carried out with respect to the e-challans issued as above. However, in the meantime, the petitioner requires the vehicle to be transferred as noticed earlier, for which NOC requires to be obtained from the 1^st respondent herein.

4. I am of the opinion that the NOC sought for by the petitioner could be directed to be issued by the competent among the respondents on the petitioner furnishing a security in the form of a Bank Guarantee from a scheduled bank for the amounts covered by the e-challans raised as above. Upon the petitioner furnishing a Bank Guarantee for the amounts covered by the e-challans, the competent among the respondents to issue the NOC for the vehicle referred to above, within a period of two weeks from the date of production of the Bank Guarantee. Needless to say that the competent among the respondents to carry out the adjudication with reference to the various check reports / e-challans issued as above to the petitioner, at the earliest.

The writ petition is disposed of accordingly.

Sd/-