A.Kaleemullah v. The Regional Transport Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.06.2025
CORAM:
THE HONOURABLE MR. JUSTICE N.MALA A.Kaleemullah .. petitioner vs 1.The Regional Transport Officer Poonamallee Chennai.
... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the respondent to receive the application dated 04.06.2025 consequently pass order on the same for renewal of permit to the Maxi Cab Van bearing Registration No.TN20BT2660 forthwith.
For Petitioner : Mr.M.Elango For Respondent : Mrs.C.Meera Arumugam, AGP 1/5
O R D E R
This writ petition is filed to receive the application dated 04.06.2025, for renewal of permit to the Maxi Cab Van bearing Registration No.TN20BT2660 and thereafter to pass orders.
2. The petitioner purchased a Maxi Cab van and registered the same with the Assistant Regional Transport Officer, Unit Officer, Poonamallee on 20.05.2010. The Vehicle number was assigned No.TN20BT2260 and permit was granted on 28.05.2020, for a period of 5 years. As the permit expired on 27.05.2025, the petitioner applied for renewal of permit on 04.06.2025. The petitioner paid necessary fees and along with the application attached the vehicular records like insurance, certificate of pollution etc. However, the respondent without assigning any valid reasons, orally refused to receive the application. Hence, the present writ petition.
3. The learned counsel for the petitioner contended that his client was orally informed that his application could not be considered as it was submitted beyond the prescribed period. The learned counsel relying on the provisions of Section 81 of the Motor Vehicle Act, 1988 submitted that the 2/5
reasons stated by the respondent was against the provisions of Section 81 of the Act.
4. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondent and perused the materials available on record. With the consent of both counsels, the writ petition is taken up for final disposal.
5. It is seen that as per Section 81(2) of the Motor Vehicle Act, 1988 the application for renewal has to be made 15 days prior to the date of its expiry. In the present case, the permit expired on 27.05.2025 and the petitioner submitted his application on 04.06.2025. Under Section 81(3) of the Act, the Regional Transport Authority or the State Transport authority, as the case may be, may entertain an application for the renewal of permit even after the last date specified in that Sub Section, if it is satisfied that, the applicant was prevented by good and sufficient cause from making an application within the time specified.
6. The learned counsel for the petitioner submitted that the delay was only marginal and that the application could not be rejected solely on that 3/5
ground. The delay being only a few days, the authority is not precluded from entertaining the petitioner's application under Section 81(3) of the Act. Therefore, the respondent cannot deny renewal of permit merely on the ground of delay. The respondent cannot simply keep the application pending without following the procedures prescribed under Section 81(3) of the Act. I therefore find merit in the writ petition. Accordingly, the respondent is directed to consider the petitioner's application dated 04.06.2025 for renewal of permit under Section 81(3) of the Motor Vehicles Act, and pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.
7. With the above direction, this writ petition is disposed of. No costs.
25.06.2025 Speaking order / Non-speaking order Index : Yes / No : Yes / No tsh To The Regional Transport Officer Poonamallee, Chennai.
Chennai.
4/5
N.MALA , J.
tsh 25.06.2025 5/5