Mr.C.Jagadish, learned Special Government Pleader accepts notice for the respondents. Heard both. By consent, the writ petition itself is taken up for final disposal.
2. The petitioner challenges an order passed by the first respondent dated 11.12.2016 rejecting his application for renewal of auto rickshaw permit on the ground that it is beyond the time limit prescribed under the Statute.
3. Section 81 of the Motor Vehicles Act, 1988, prescribes the time limit, within which, the application for renewal has to be submitted. Admittedly, the petitioner's application was time barred. However, the petitioner explained the delay by stating that he had to undergo medical treatment and produced a medical certificate to that effect. In spite of having received the medical certificate, the first respondent rejected the application on the ground that the application for renewal of permit was belated by 162 days and that the explanation of the permit holder was not satisfactory.
4. Though there is an outer time limit fixed under the Statute, the power of the Licensing Authority to condone the delay, when sufficient cause is shown, has been provided for under the Statute. The first respondent does not disbelieve the medical condition of the petitioner, which has been certified by a medical officer attached to the Government Primary Health Centre. Thus, when such a fact has not been disputed, it has to be seen as to whether the petitioner would stand to benefit, if he files an application belatedly.
5. No reasonable person would purposely delay the filing of a renewal application and he will not be benefited on account of the same. Furthermore, there is no allegation of mala fides against the petitioner for submitting the renewal application belatedly. For all the above reasons, this Court is inclined to interfere with the impugned order.
6. Thus, the writ petition is allowed and the impugned order is set aside. The delay in filing the renewal application is condoned and the second respondent is directed to consider the application for renewal on merits and in accordance with law, within a period of three weeks from the date of receipt of a copy of this order. No costs.
17.2.2017 Internet : Yes To
1.The District Collector-cum-Regional Transport Authority, Vellore District at Ranipet.
2.The Regional Transport Officer, Ranipettai, Vellore District.
RS T.S.SIVAGNANAM,J RS WP.No.4016 of 2017 17.2.2017