IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
WP(C) NO. 20998 OF 2022
PETITIONER/S:
KAMALANETHRAN A.G,
AGED 58 YEARS
S/O KARTHIYAYANI, AINIKUNNATH HOUSE, MADAM VAZHI,
CHIYYARAM P.O., THRISSUR - 680026.
BY ADV I.DINESH MENON
RESPONDENT/S:
SECRETARY,
REGIONAL TRANSPORT AUTHORITY,THRISSUR,REGIONAL
TRANSPORT OFFICE, COLLECTORATE P.O., THRISSUR -
680002.
SR.G.P. SRI.V.K.SUNIL.
THIS WRIT PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 01.07.2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.(c) No.20998 of 2022
2
JUDGMENT
The petitioner was the holder of Ext.P1 regular permit on the route Ollur-Pallinada-Thrissur in respect of stage carriage KL-17 Q 3907.The basic permit was valid till 22.7.2021. He has submitted Ext.P2 application for renewal of permit. According to the petitioner, he does not intend to use the vehicle on renewal being sanctioned. Pending consideration of the renewal application, the petitioner vide Ext.P5 requested for issuance of clearance certificate in respect of the said stage carriage without insisting for surrender of permit.
The question as to whether clearance certificate can be issued without insisting for permit-less certificate was considered by this Court in Ext.P3 judgment and paragraph 3 whereof reads as follows:- W.P.(c) No.20998 of 2022 3 " 3. The learned Government Pleader pointed out that the permit-less certificate is insisted since the application for renewal of the permit in respect of the vehicle is pending. In other words, the stand of the respondent is that the petitioner is not entitled to transfer the vehicle during the pendency of the application for renewal of the permit. No provision in the Motor Vehicles Act empowering the Registering Authority to insist a permit- less certificate of the vehicle from the Regional Transport Authority concerned for effecting transfer in respect of a vehicle is brought to the notice of this Court. Likewise, no provision interdicting the sale of the vehicle during the pendency of an application for renewal of the permit issued in respect of the same is also brought to the notice of this Court. The question whether the petitioner is entitled to pursue the application for renewal without there being a vehicle is a matter for the Regional Transport Authority concerned to consider at the relevant point of time. So long as there is no legal impediment for the petitioner to sell his vehicle, the impugned order, to the extent it directs the petitioner to produce the permit- less certificate, is unsustainable. In the circumstances, the writ petition is allowed and the interim order passed by this Court on 20.01.2017 directing consideration of Exts.P2 and P2(a) applications without insisting the permit-less certificate is made absolute."
2. Since Ext.P5 request of the petitioner is pending W.P.(c) No.20998 of 2022 4 consideration before the respondent, this writ petition is disposed of with a direction to the respondent to consider and pass orders on the said request, strictly in accordance with law and in the light of Ext.P3 judgment.
It is submitted by the learned Government Pleader that the petitioner has not produced the NOC from the Financier and the relevant records. The petitioner shall produce the same within a week from today. On receipt of the NOC and the relevant records, the respondent shall consider and pass orders on Ext.P5 application without insisting surrender of permit within a period of one month thereafter.
Sd/-
MURALI PURUSHOTHAMAN JUDGE al/-
W.P.(c) No.20998 of 2022 5 APPENDIX OF WP(C) 20998/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGULAR PERMIT ON THE OLLUR-PALLINADA-THRISSUR.
Exhibit P2 TRUE COPY OF THE RENEWAL APPLICATION DATED 2.7.2021.
Exhibit P3 TRUE COPY OF THE JUDGMENT IN WP[C] NO.
1837/2017 DATED 15.02.2017.
Exhibit P4 TRUE COPY OF THE JUDGMENT IN WP[C] NO.
24277/2018 DATED 25.7.2018.
Exhibit P5 TRUE COPY OF THE REQUEST DATED 20.6.2022 Exhibit P6 TRUE COPY OF THE JUDGMENT IN WP[C] NO.17168/2022 DATED 3.6.2022.