Kerala High Court
Rajeevan. P.K vs The Secretary, Regional Transport ... on 12 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 13922 OF 2024
PETITIONER
RAJEEVAN. P.K.
AGED 59 YEARS
C/O BABITHA, VALIYANADIPOIL HOUSE,
MOKERI, PANOOR, KANNUR., PIN - 670692
BY ADVS.
O.D.SIVADAS
DEVIKA R.
RESPONDENT:
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
CIVIL STATION, KANNUR,
PIN - 670001
SRI.SREEJITH V.S-GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.13922 Of 2024
2
JUDGMENT
Dated this the 12th day of April, 2024 The petitioner states that the Regional Transport Authority had granted renewal of Permit in favour of the petitioner. Since, the present vehicle is not fit for operation, the petitioner produced the later model vehicle and requested to issue the granted renewal. The respondent is now insisting to produce current records of outgoing vehicle, which is not required as per law. Hence appropriate direction may be issued to the respondent to expedite the proceedings and issue Permit at the earliest by endorsing renewal of permit to the later model vehicle offered by the petitioner, urges the petitioner.
2. Counsel for the petitioner submits that he is not liable to produce the records in respect of the outgoing WP(C) No.13922 Of 2024 3 vehicle in view of the law laid down by this Court in Ext.P4 judgment.
3. Government Pleader resisted the writ petition and submitted that tax arrears are due from the petitioner. Furthermore, the outgoing vehicle is hypothecated with a financier. Therefore, a No Objection Certificate from the financier is also necessary. Unless the petitioner satisfies the afore conditions, his application cannot be considered.
4. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondent.
5. According to the Government Pleader, the renewal of Permit was granted by the Regional Transport Authority in its meeting held on 29.08.2022 itself, requiring the petitioner to clear the tax dues and produce No Objection Certificate from the financier. The petitioner would contend that the insistence by the respondents on production of WP(C) No.13922 Of 2024 4 current records of the outgoing vehicle is unjustified in view of Ext.P4 judgment.
6. This Court has considered the issue and has held in Ext.P4 judgment that neither Section 82 nor Rule 178 prescribes that for endorsement of the particulars of transferee in the Permit, R.C. Book of the vehicle covered by the Permit has to be produced. On the other hand, if the transfer is only for the Permit and not the vehicle, it is physically not possible for the petitioner to produce the R.C.Book of the old vehicle as the same is still owned by the transferor.
7. In view of the law laid down by this Court, the petitioner's application is liable to be considered without production of records in respect of the vehicle.
In the facts and circumstances of the case, the writ petition is disposed of directing that the respondent-Secretary, Regional Transport Authority shall WP(C) No.13922 Of 2024 5 consider Ext.P3 application for replacement of the vehicle and take appropriate decision thereon as expeditiously as possible provided the petitioner clears tax dues, if any, and produces No Objection Certificate from the financier. A decision in this regard shall be taken within a period of three weeks, provided the petitioner satisfies all other parameters in accordance with law.
Sd/-
N.NAGARESH JUDGE hmh WP(C) No.13922 Of 2024 6 APPENDIX OF WP(C) 13922/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGULAR PERMIT ISSUED TO STAGE CARRIAGE NO.KL 13/R 7597.VALID PERMIT UP TO 21.02.2021 Exhibit P2 TRUE COPY OF THE PROCEEDINGS OF THE RTA, KANNUR ALLOWING THE APPLICATION FOR RENEWAL OF PERMIT DATED 29/08/2022 Exhibit P3 TRUE COPY OF THE APPLICATION FOR REPLACEMENT OF VEHICLE SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 26/03/2024 Exhibit P4 THE COPY OF THE JUDGMENT IN WP (C) NO.
8110 OF 2024 DATED 13.03.2024 RENDERED BY THIS HON'BLE COURT