Mohammed Kunhi K.K vs The Regional Transport Authority
2025 Latest Caselaw 356 Ker

Citation : 2025 Latest Caselaw 356 Ker
Judgement Date : 5 June, 2025

Kerala High Court

Mohammed Kunhi K.K vs The Regional Transport Authority on 5 June, 2025

WP(C) NO.19702 OF 2025
                                                    2025:KER:39861

                                   1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

         THURSDAY, THE 5TH DAY OF JUNE 2025/15TH JYAISHTA, 1947


                        WP(C) NO. 19702 OF 2025

PETITIONER:

              MOHAMMED KUNHI K.K.,
              AGED 46 YEARS
              S/O KUNHALI,H.NO.8/368, THODAYAR HOUSE,
              MAIPADY MADHUR GP, KASARAGOD DISTRICT,
              PIN - 671124

              BY ADV SHRI.SAJEEV KUMAR K.GOPAL

RESPONDENTS:

              THE REGIONAL TRANSPORT AUTHORITY,
              CIVIL STATION, VIDYANAGAR PO,KASARAGOD,
     1
              REPRESENTED BY ITS SECRETARY, PIN - 671123

              SECRETARY,
              REGIONAL TRANSPORT AUTHORITY, CIVIL STATION,
     2
              VIDYANAGAR PO,KASARAGOD, PIN - 671123

              M/S SAKTHI FINANCE LTD.,
              BROTHERS BUILDING, NEAR LIC OFFICE, KANHANGAD P.O.,
     3        KASARAGOD DISTRICT, REPRESENTED BY ITS BRANCH MANAGER,
              PIN - 671531


              SMT. SURYA BINOY, SR. GP.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.19702 OF 2025
                                                          2025:KER:39861

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                       MOHAMMED NIAS C.P., J
                   =========================
                       W.P(C) No. 19702 of 2025
                   =========================
                Dated this the 05th day of June, 2025


                                JUDGMENT

This writ petition is filed with the following prayers:

" i. issue a writ of Mandamus or other appropriate writs,

directions or orders directing the 2nd respondent to issue

temporary permit under Section 87(1)(d) of the Motor

Vehicles Act in respect of stage carriage bearing registration

No.KL-09N-2075 to operate on the route Mundyathadka-

Bangode Via Neerchal and Kasaragod in the light of the

pendency of renewal application with respect to Exhibit P-1

permit without insisting for NOC from the 3rd respondent by

considering the application for temporary permit;

ii. Declare that NOC from the 3rd respondent, financier is not

required for issuing temporary permit under Section 87(1)(d) WP(C) NO.19702 OF 2025 2025:KER:39861

of the Motor Vehicles Act and the 2nd respondent cannot

insist for the NOC to consider the application for temporary

permit under Section 87(1)(d);

iii. issue a writ of Mandamus or other appropriate writs,

directions or orders directing the 1st respondent to consider

Exhibit P-2 application for renewal of regular permit taking

into consideration of the declaration of the petitioner, Exhibit

P-7 in the light of Section 51(8) of the Motor Vehicles Act

and grant the same;

iv. To dispense with the production of English Translation of

documents which are in vernacular language; v. Render

such other orders as are deemed fit and proper in the

circumstances of the case."

2. The learned counsel for the petitioner submits that he had

issued a request to the 3rd respondent, as seen from Ext.P4, for

providing him with NOC for renewal of the permit.

3. This Court had passed an order dated 03.06.2025 directing

the 3rd respondent to file a statement as to whether any

communication has been sent to the petitioner/applicant after the WP(C) NO.19702 OF 2025 2025:KER:39861

receipt of Ext.P5 on 15.05.2025. There will be a further direction to

produce the communication, if any, sent to the petitioner.

4. Today, when the matter is taken up for consideration, the

learned counsel for the third respondent submits that no

communication was sent to the petitioner pursuant to the issuance

of Ext.P4.This is recorded.

5. The learned Government Pleader submits that the 3rd

respondent had issued a communication to the 2nd respondent

requesting black listing of the vehicle, and that is the reason why

the petitioner's application had not been considered so far.

6. Taking note of the statutory provisions of Sections 51(6) and

51(7) of the Motor Vehicles Act and the fact that the third

respondent had not responded to Ext.P4, the petitioner will be

entitled to a deemed NOC as stipulated in 51(7) of the Act.

Accordingly, the second respondent will proceed to consider Ext.P2

application for renewal and Ext.P6 application for a temporary

permit. Orders will be passed on the application seeking a

temporary permit by the 2nd respondent within a week from today. WP(C) NO.19702 OF 2025 2025:KER:39861

Orders will be passed on the application seeking renewal within a

further period of two months.

This writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P

JUDGE

SMF WP(C) NO.19702 OF 2025 2025:KER:39861

PETITIONER EXHIBITS

TRUE COPY OF THE REGULAR PERMIT IN RESPECT OF STAGE CARRIAGE KL-09N-2075 ON THE ROUTE Exhibit P-1 MUNDYATHADKA-BANGODE VIA NEERCHAL AND KASARAGOD DATED 31-03-2021 Exhibit P-2 TRUE COPY OF THE APPLICATION FOR RENEWAL OF REGULAR PERMIT SUBMITTED BY THE PETITIONER DATED 12-05-2025 TRUE COPY OF THE RECEIPT REGARDING REMITTANCE Exhibit P-3 OF FEE FOR RENEWAL DATED 12-05-2025 TRUE COPY OF THE LETTER DATED 13-05-2025 Exhibit P-4 ISSUED TO THE 3RD RESPONDENT TRUE COPY OF THE ACKNOWLEDGEMENT CARD SIGNED Exhibit P-5 BY THE 3RD RESPONDENT DATED 15-05-2025 Exhibit P-6 TRUE COPY OF THE RECEIPT DATED 13-05-2025 REGARDING REMITTANCE OF FEE FOR TEMPORARY PERMIT Exhibit P-7 TRUE COPY OF THE REPRESENTATION DATED 24-05- 2025 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT RESPONDENT ANNEXURES

TRUE COPY OF THE LETTER DATED 17-05-2025 FROM ANNEXURE R1(A) THE THIRD RESPONDENT TO THE FIRST RESPONDENT.