(2007) 6 MLJ 31 (Mad)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Present : K. Raviraja Pandian and P. P. S. Janarthana Raja, JJ.
Case Number(s) : W.A. No. 1332 of 2003
Judgement Date :
Thursday 26th of July 2007
| A. Chinnasamy | .....Appellant(s) | | Versus |  | | Secretary, Regional Transport Authority, Trichy and Others | .....Respondent(s) |
Motor Vehicles Act, 1939, Sections 58(2), 58(3) - Motor Vehicles Act (59 of 1988), Sections 81, 217-A - Application for renewal of permit, with 27 day's delay - As per Section 58 of Old Act, said application to be made 120 days before date of expiry of permit - Regional Transport Authority has power to condone delay 15 days - Application filed even beyond condonable period of 15 days, hence rejected - Writ petition dismissed - In writ petition, contention, renewal application can be considered under Section 217-A of new Act - Held, as per Section 217-A, any certificate of fitness/registration or licence or permit, in currency when new Act came into force, can be granted - But petitioner filed renewal application on 2. 2. 1984 with delay of 27 days - His permit not in currency when new Act came into force - Renewal application rightly rejected by authorities concerned, appellate authority giving reasons therefor - Confirmed by learned single Judge - After lapse of 27 years - Court cannot grant relief in absence of any statutory provision.
Ratio(s) Decidendi
I. "The Regional Transport Authority has power to condone, under Section 58(3) of Motor Vehicle Act, 1939, delay of 15 days in filing renewal application. If the application is filed beyond the condonable period (27 days in the case) it is liable for rejection."
II. "Section 217-A, Motor Vehicles Act, 1988, provides for renewal of any certificate of fitness or registration or licence or permit, in currency, when the new Act came into force."
III. "It is a well settled principle of law that when a statute provides that a particular thing be done in a particular way, the same has to be done in that particular way only. Even equitable or discretionary orders are to be passed only in accordance with the statutory provisions."
Cases Referred
Secretary, Quilon District Motor Transport Workers' Cooperative Society Limited v. Regional Transport Authority
AIR 1995 SC 82
Tmt. Suganthi, Proprietor, Veerappa Transport, Tindivanam v. M. Palanivelu
: (2006) 4 MLJ 1374
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