AI Structured Summary
Not yet generated for this judgment
Judgment
Sunil Thomas, J
The petitioner is the registered owner of JCB Excavator with registration No.KL-05-Y3363. She has purchased the vehicle with the financial
assistance from the third respondent. The vehicle was seized by the Pandalam police on 23.04.2021 alleging violation of the provisions of the MMDR
Act. At that time the original certificate of registration was found missing. Hence she filed a compliant before the police and got it published in a
newspaper.
The grievance of the petitioner is that even though she has submitted Ext.P5 application in Form 26, before the second respondent and Ext.P8
application before the third respondent for issuance of NOC, the third respondent did not respond. Hence it should be deemed that it has been
approved by virtue of Section 51(7) of the MV Act. It seems that the matter is still pending before the authority, which causes loss to the petitioner, it
was contended. Having considered the limited prayer sought by the petitioner and after hearing the learned counsel for the petitioner and the learned
senior Government Pleader, I am inclined to dispose of the Writ Petition itself, by directing the second respondent to take up Ext.P5 application and
dispose it of, as expeditiously as possible, at any rate, within a period of fifteen days from the date of receipt of a copy of this judgment, with notice of
being heard to the third respondent. If the third respondent, after service of notice remain absent, the authority shall proceed to pass order even in their
absence. The petitioner shall produce a copy of the Writ Petition along with this judgment, before the third respondent.
Writ Petition is disposed of.