High Court of KeralaWP(C)/15504/2015disposed of

K.V. Bhaskaran v. The Secretary, Regional Transport Quthority

2015-05-26Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI TUESDAY, THE 26TH DAY OF MAY 2015/5TH JYAISHTA, 1937 WP(C).No. 15504 of 2015 (K) --------------------------------------- PETITIONERS:

-------------------- K.V. BHASKARAN, KANATHUMVATHUKKAL, MALENI, KAYYAUR, VALIYAPOIL.P.O, KASARAGOD.

BY ADV. SRI.O.D.SIVADAS RESPONDENT:

--------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KASARAGOD-671121.

BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 15504 of 2015 (K) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 TRUE COPY OF THE PERMIT EXT.P2 TRUE COPY OF THE APPLICATION FOR REPLACEMENT EXT.P3 TRUE COPY OF THE PROCEEDING DATED 15.5.2015 EXT.P4 TRUE COPY OF THE JUDGMENT IN WP(C)NO.12680/2008 DTED 05/09/2008. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.V. RAMAKRISHNA PILLAI, J.

------------------------------------- W.P.(C) No.15504 of 2015 -------------------------------------- Dated this the 26th day of May, 2015.

JUDGMENT

The petitioner is an existing stage carriage operator between Payyannur and Cherupuzha via Kakkadavu, holding a permit in respect of stage carriage bearing No.KL 13 L/6177. The petitioner submitted an application for replacement of the old vehicle by later model vehicle bearing registration No.KL 59/9642. The respondent by Ext.P3 order, declined to grant replacement for want of No Objection Certificate from the financier. According to the petitioner, this against the decision of this Court in W.P.(C) No.12680 of 2008 (Ext.P4). It is in this background, the petitioner has come up before this Court. 2.

I have heard the learned counsel for the petitioner and the learned Government Pleader in the matter. 3.

This Court in Ext.P4 judgment, observed that the replacement of a stage carriage does not amount to change in class attracting Section 51(6), unlike a taxi car, and if that be

W.P.(C) No.15504 of 2015 -2so, for that reason No Objection Certificate from the financier is not a requirement for making an application. In the result, the writ petition is allowed and Ext.P3 is quashed. The writ petition is disposed of directing the respondent Secretary to reconsider the petitioner's application in the light of Ext.P4 within a period of one month from the date of receipt of a copy of this judgment, after affording the petitioner and the third respondent an opportunity of being heard. To facilitate an earlier action, it shall be open to the petitioner to produce a copy of the writ petition, a copy of the judgment and Ext.P4 before the respondent at the earliest. Sd/- A.V. RAMAKRISHNA PILLAI JUDGE Scl.