Kamalanethran A.G vs Secretary
2022 Latest Caselaw 8246 Ker

Citation : 2022 Latest Caselaw 8246 Ker
Judgement Date : 1 July, 2022

Kerala High Court

Kamalanethran A.G vs Secretary on 1 July, 2022

          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. 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

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