IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WP(C).No. 20700 of 2011(J) -------------------------- PETITIONER(S): --------------- VISHNU BHARATHEEYAN,S/O.PADMANABHAN, KOLANGOTTU HOUSE, VELLALASSERY PO, REC , KOZHIKODE DISTRICT. BY ADV. SRI.V.RAJENDRAN SMT.A.S.BEENU RESPONDENT(S): --------------- 1. REGIONAL TRANSPORT AUTHORITY,KOZHIKODE. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOZHIKODE, CALICUT 673 020. BY GOVT. PLEADER SMT.ANITHA RAVEENDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 20700/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF REPRESENTATION DATED 17.3.2011 OF THE PETITIONER TO THE 2ND RESPONDENT EXT.P2 : COPY OF THE NOTICE DATED 30.3.11 OF THE 2ND RESPONDENT RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 20700 OF 2011 -------------------------- Dated this the 17th day of October, 2011 J U D G M E N T The petitioner was operating a stage carriage on the route Mavoor-Mukkom-Thekkumkutty. The said permit was valid till 26.7.2015. Since the petitioner found that he cannot profitably run the service, he decided to surrender the permit and thereupon submitted Ext.P1 application dated 17.32011 before the second respondent to approve the surrender of the permit. On receipt of the application, the Secretary, Regional Transport Authority, Kozhikode issued Ext.P2 notice dated 30.3.2011 calling upon the petitioner to produce a No Objection Certificate from the financier of the vehicle and to remit the fee for cancellation of the permit so as to enable him to consider the application for approving the surrender of the permit. This writ petition is filed challenging Ext.P2 and seeking the following reliefs: “a) Call for the records leading to Ext.P2 order and quash the same by the issue of a writ in the nature of certiorari or other appropriate writ order or direction; b) Direct the respondents by the issue of a writ WPC No.20700/2011 2 in the nature of mandmaus or other appropriate writ, order or direction to consider Ext.P1 application and take necessary action to accept the surrender of permit of the petitioner in respect of his vehicle KL-57/4059 without insisting for production of a No Objection Certificate from the Financiers c) Direct the 2nd respondent by the issue of a writ in the nature of mandamus or other appropriate writ order or direction to issue a certificate to the effect that stage carriage permit in respect of S/C KL 57/4059 has been cancelled on surrender of the same.” 2. The petitioner contends that the direction issued by the second respondent that he should produce a No Objection Certificate from the financier for the purpose of cancellation of the permit is without the sanction or authority of law. Reliance is placed on the decision of this Court in Ummer v. R.T.A. (2011 (2) KLT 642) to contend that all that is required for surrender of a stage carriage permit is to give one month's notice to the Regional Transport Authority and actual physical surrender of the permit upon the expiry of the notice period of one month. 3. The respondents have been served and they have entered appearance through the learned Government Pleader. WPC No.20700/2011 3 The fact that the petitioner had along with Ext.P1 surrendered the original of the permit is not disputed. This Court has in Ummer v.R.T.A. (supra) held that all that a stage carriage operator is required to do for surrender of the permit is to give one month’s notice and that on such notice being given, the permit will stand cancelled on the expiry of the period of notice on the permit holder physically surrendering the permit. It was held that since the surrender of permit is achieved by giving one month's notice and physically surrendering it before any Regional Transport Authority, the financier is not entitled to object to such surrender. The stand taken by the respondent in Ext.P2 cannot therefore be sustained. 4. In the instant case, the petitioner had admittedly given notice of the surrender on 17.3.2011 and had along with Ext.P1 petition surrendered the original of the permit and the registration certificate. In such circumstances as the petitioner has complied with the requirement of rules 183 and 217 of the Kerala Motor Vehicles Rules, the surrender has taken effect on the expiry of the period of one month from the date of receipt of WPC No.20700/2011 4 Ext.P1 notice. I accordingly allow the writ petition, quash Ext.P2 and direct the second respondent to issue a certificate to the petitioner to the effect that he has surrendered the stage carriage permit which accompanied Ext.P1. The second respondent shall along with the certificate, return the original of the registration certificate, if the same was submitted along with Ext.P1. P.N.RAVINDRAN, (JUDGE) vps