IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TH
THURSDAY, THE 7 DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 21584 OF 2022
PETITIONERS:
1 INDIRA M.V,
W/O.I.V.SREESHAN, KUNNOTH HOUSE, THILANNUR,
THAZHECHOVVA.P.O., THAZHECHOVVA,
KANNUR DISTRICT - 670018
2 SATHI.C.K.
W/O. O.RAJAN, RESIDING AT "GEETHA NIVAS",
VENGAD, KANNUR DISTRICT - 670612
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
RESPONDENTS:
1 REGIONAL TRANSPORT OFFICER
REGIONAL TRANSPORT OFFICE, VADAKARA,
KOZHIKODE DISTRICT - 63101
2 REGIONAL TRANSPORT AUTHORITY,
VADAKARA, KOZHIKODE DISTRICT -673101, REPRESENTED BY
ITS SECRETARY
3 MR.VASUDEVAN.K.
S/O.P.K.CHATHUKUTTY NAMBIAR
SOUPARNIKA NIVAS, CHELORA MOWANCHERRY,
KANNUR DISTRICT - 670513
SRI V K SUNIL, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.21584/2022 2
JUDGMENT
The first petitioner is a stage carriage operator and registered owner of a bus bearing registration No.KL-13AU-9693 2019 model classified as heavy passenger vehicle. The second petitioner is also a stage carriage operator and a lessee of stage carriage bus bearing registration KL-73A/5040, 2010 model Ashok Leyland passenger bus with a regular permit Ext.P2 to operate on the route Vengad-Kannur-Kozhikode via Thalassery, Vadakara and Koyilandy which is valid up to 11.4.2026.
2. The third respondent is the registered owner of the vehicle mentioned in Ext.P2 and taken the vehicle under the lease agreement executed with 2nd petitioner and operating on the route mentioned above. The aforementioned vehicle has become defective and the second petitioner decided to replace the vehicle bearing registration No.KL-13AU-9693, thus, entered into a lease agreement dated 23.6.2022 whereby the first petitioner handed over the possession of the vehicle to the second petitioner subject to terms and conditions prescribed in the agreement Ext.P3. The second petitioner submitted an application dated 23.6.2022 to the the Authorities for replacement of the vehicle KL-73A-5040 with WP(C) No.21584/2022 3 bus No.KL-13AU-9693 under the provisions of Rule 174 of the Kerala Motor Vehicle Rules Ext.P4. But, the first respondent rejected the application having not obtained the NOC, as provided under Section 51 of the Motor Vehicles Act, from the financier. It is contended that NOC is not a sine qua none for the purpose of changing the number of the vehicle and alsonot a condition precedent. The Authorities can always put a remark on the registration with regard to the same by keeping the charge intact.
3. Learned Government Pleader, on instructions, submitted that the respondents would take a call and consider the request submitted by the petitioners Ext.P4 in accordance with law. i.e., under the provisions of Rule 174 of the Kerala Motor Vehicle Rules as well as Section 83 of the Motor Vehicles Act.
Without expressing any opinion, I dispose of the Writ Petition by issuing direction to the respondents to take a call on the request Ext.P4 in accordance with law and keeping in view the judgment Ext.P5 dated 2.1.2009 rendered in Writ Petition (C) No.113 of 2009 after affording opportunity of hearing to the parties, within a period of 45 days.
Sd/-
AMIT RAWAL JUDGE csl WP(C) No.21584/2022 4 APPENDIX OF WP(C) 21584/2022 PETITIONERS' EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE RELATING TO VEHICLE NO KL-13AU-9693.
Exhibit P2 TRUE COPY OF THE REGULAR PERMIT ISSUED BY THE RTA, VADAKARA RELATING BUS NO.KL-73A- 5040 Exhibit P3 TRUE COPY OF THE LEASE AGREEMENT DATED 23.06.2022 EXECUTED BETWEEN THE 1ST AND 2ND PETITIONERS RELATING TO BUS NO.KL13AU-9693 Exhibit P4 TRUE COPY OF THE APPLICATION DATED 23.06.2022 FILED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE JUDGMENT MADE IN W.P.
(C).NO.113/2009 DATED 02.01.2009 RESPONDENTS' EXHIBITS :
NIL