Badarudeen A. vs Joint R.T.O.

P.N. Ravindran, J.—The Petitioner is the registered owner of a goods vehicle bearing Registration No. KL.2.H.7174. The validity of the fitness certificate issued in respect of the said vehicle expired in November, 2010. The Petitioner submits that when the vehicle was produced before the first Respondent, after repairs, for renewal of the fitness certificate, the first Respondent declined to inspect the vehicle and tore new the fitness certificate on the ground that the Petitioner has not produced a No Objection Certificate from the financier. Aggrieved thereby, he has filed Ext. P1 representation dated 2.12.2010 before the Regional Transport Officer, Kollam, the second Respondent herein. In this writ petition, the Petitioner seeks a direction to the second Respondent to consider Ext. P1 representation and pass orders thereon within a time limit to be fixed by this Court.

Sri. Basant Balaji, the learned Government Pleader appearing for the official Respondents, on instructions, submits that for renewal of the fitness certificate, a No Objection Certificate from the financier is not necessary and that if the Petitioner produces the vehicle before the first Respondent on any working day, the said Officer will inspect the vehicle and issue a fitness certificate, if the vehicle is found fit for the grant of a fitness certificate.

In the light of the said submission, I dispose of the writ petition with a direction to the first Respondent to inspect the Petitioner''s vehicle and to take a decision on the Petitioner''s application for renewal of the fitness certificate without insisting on the production of a No Objection Certificate from the financier, on the Petitioner producing the vehicle before him along with a certified copy of this judgment. The first Respondent shall issue fitness certificate, if the vehicle is found fit, within one week from the date of production of the vehicle.