Rajeevan. P.K vs The Secretary, Regional Transport ...
2024 Latest Caselaw 10865 Ker

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

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

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

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

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