Wahith Motor Service vs Secretary, Regional Transport Authority

K. Chandru, J.—The Petitioner is the owner of the vehicle bearing Registration No. TN-59/V-2044. Admittedly, the said vehicle is under the hypothecation agreement with the financier. The Petitioner was operating the bus between Ramanathapuram to Madurai and the bus is having a route permit till 31.12.2011 and the fitness certificate. As the same was expired on 23.08.2010, the Petitioner sought for the grant of fitness certificate without insisting the production of RC book. The Petitioner, in his representation dated 02.09.2010, had stated that the RC book is under the custody of the financier, viz., M/s. Sree Vinayaga Credits and, therefore, without the production of RC book, he wants the fitness certificate to be granted to the vehicle. He has also claimed that the tax ending for the quarter 30.09.2010 has been paid by him. On the representation made by the Petitioner, the Respondent made a written endorsement dated 02.09.2010 stating that without obtaining No Objection Certificate from the financier and without production of the original certificate, the fitness certificate cannot be renewed. Challenging the said written endorsement, the present Writ Petition came to be filed by the Petitioner.

Notice of motion was ordered in the Writ Petition on 07.10.2010. Pending the Writ Petition, no interim order was granted. On notice from this Court, the Respondent has filed a counter-affidavit dated 18.10.2010, resisting the prayer made by the Petitioner. It is also brought to the notice of this Court that Section 51 of the Motor Vehicles Act, 1988 [hereinafter referred to as "the Act"] completely covers the field and, therefore, the Respondent is unable to consider the case of the Petitioner and it was further indicated that u/s 57 of the Act, an appeal also lies.

The learned Counsel for the Petitioner brought to the notice of this Court the order passed by this Court dated 14.09.2009 made in W.P.(MD) No. 8882 of 2009 [Wahith Motor Service Firm, rep. by its Managing Partner Mr. M. Abdul Akbar v. The Motor Vehicle Inspector, Regional Transport Officer, Ramanathapuram], in support of his contention, wherein this Court held that on the basis of the concession made by the learned Government Advocate that the consent of the financier is not necessary and the duty is cast upon the Respondent to intimate the grant of fitness certificate to the financier. A further reference was also made to Section 51(11) of the Act, where it is obliged that the Registering Authority, while registering a vehicle and issuing a fitness certificate, shall intimate the same to the financier of the vehicle.

The contention of the learned Government Advocate, placing reliance upon Section 51(6) of the Act may not be proper, as already held by this Court that the relevant provision relating to grant of fitness certificate is only Section 51(11) of the Act, which reads as follows:

A registering authority registering the new vehicle, or issuing the duplicate certificate of registration or a no objection certificate or a temporary certificate of registration, or issuing or renewing, a fitness certificate or substituting entries relating to another motor vehicle in the permit, shall intimate the financier of such transaction.

Since by grant of fitness certificate, the financier is no way prejudiced and as pointed out by this Court in the earlier order, the authority cannot return the request made by the Petitioner requiring No Objection Certificate from the financier. It is always open to the authority, after granting the appropriate fitness certificate, if the vehicle is otherwise in order, to intimate the same to the financier of the vehicle.

In view of the above, the Writ Petition stands disposed of with a direction to the Respondent to consider the case of grant of fitness certificate to the Petitioner and in case of grant of such certificate, he shall appropriately intimate the same to the financier, as required under law. The said exercise shall be carried out by the Respondent, within a period of four weeks from the date of receipt of a copy of this order. Consequently, the connected miscellaneous petition is closed. No costs.