P. Kannan vs The Regional Transport Officer and The secretary

M. Jaichandren, J.—This writ petition has been filed challenging the order of the first Respondent, dated 11.01.2011, rejecting the request

of the Petitioner for the renewal of the permit, in respect of the Auto Rickshaw bearing Registration No. TN07-AZ-7243.

The learned Counsel appearing on behalf of the Petitioner had submitted that the first Respondent had rejected his request for the renewal of the

permit only on the ground that there has been a delay in making the request for such renewal. He had also submitted that a Medical Certificate,

dated 21.05.2010, issued by the Senior Assistant Surgeon of the Government Estate Dispensary attached to the Government General Hospital,

Chennai, had been produced before the first Respondent, explaining the delay in making the request for the renewal of the permit. In the said

Medical Certificate, it has been clearly stated that the Petitioner had been hospitalized, from 21.05.2010 to 28.11.2010. He had also submitted

that the first Respondent has the power u/s 81(3) of the Motor Vehicles Act, 1988, to entertain an application for the renewal of the permit, if it

had been submitted beyond the time limit prescribed for making a request for such renewal. Therefore, the impugned order of the first Respondent,

dated 11.01.2011, rejecting the request of the Petitioner for the renewal of the permit, is arbitrary, illegal and void.

The learned Counsel appearing on behalf of the Respondents had submitted that the Petitioner had not produced any other evidence, except the

Medical Certificate, dated 21.05.2010, to substantiate his claim that he had been hospitalized, from 21.05.2010 till 28.11.2010, while explaining

the delay in making the request for the renewal of the permit.

In view of the averments made in the affidavit filed in support of the Writ Petition and in view of the submissions made by the learned Counsels

appearing on behalf of the Petitioner, as well as the Respondents and on a perusal of the records available, this Court finds sufficient cause to set

aside the impugned order of the first Respondent, dated 11.01.2011. It is seen that the Petitioner had produced a Medical Certificate, dated

21.05.2010, issued by the Senior Assistant Surgeon of the Government Estate Dispensary attached to the Government General Hospital, Chennai,

to show that he had been hospitalized, from 21.05.2010 till 28.11.2010.

It is also seen that the only reason for rejection of the request of the renewal of the permit is that it had been submitted, belatedly, beyond the

time limit prescribed for submitting such request for renewal of permit. It is also seen that the first Respondent had the power, u/s 81(3) of the

Motor Vehicles Act, 1988, to condone the delay in submitting the request for the renewal of the Petitioner. As such, it is clear that the first

Respondent had no good reason to reject the request of the Petitioner for the renewal of the permit. It is also not the case of the Respondents that

the Petitioner is not qualified for the renewal of the permit. In such circumstances, the impugned order of the first Respondent, dated 11.01.2011,

is set aside and the first Respondent is directed to consider the application of the Petitioner for the renewal of the permit, in respect of the Auto

Rickshaw bearing Registration No. TN07-AZ-7243, on merits and in accordance with law, within a period of four weeks from the date of receipt

of a copy of this order.

This Writ Petition is ordered accordingly. No costs. Consequently, connected Miscellaneous Petitions are closed.