IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 WP(C).No. 19557 of 2011(T) -------------------------- PETITIONER: --------------- SRI.S.VYSAKH RAJAN, SMRITHI, KEECHERIMEL, CHENGANNUR. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: --------------- 1. REGIONAL TRANSPORT AUTHORITY, PATHANAMTHITTA, REPRESENTED BY ITS SECRETARY 689645. 2. THE SECRETARY, THE REGIONAL TRANSPORT AUTHORITY, PATHANAMTHITTA 689645. BY GOVT. PLEADER SRI.P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 19557/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE RELEVANT PORTION OF THE REGISTRATION CERTIFICATE OF VEHICLE NO.KL-30/6286 EXT.P2 : COPY OF THE PROCEEDINGS OF THE REGIONAL TRANSPORT AUTHORITY DATED 25.5.2011 EXT.P3 : COPY OF THE REGISTRATION PARTICULARS IN VEHICLE NO.KL-30/6286 EXT.P4 : COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DATED 30.6.2011 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 19557 OF 2011 -------------------------- Dated this the 25th day of July, 2011 J U D G M E N T The petitioner is a stage carriage operator operating a stage carriage on the route Laha-Chengannur on the strength of a regular permit. The said vehicle is hypothecated to M/s. Sundaram Finance Limited. The petitioner along with Sri.P.M.Eassow submitted a joint application for transfer of the permit to the name of the second applicant. The Regional Transport Authority, Pathanamthitta that met on 25.5.2011 rejected the application on the ground that a No Objection Certificate from the financier has not been produced . Ext.P2 is under challenge in this writ petition. 2. The main ground raised by the petitioner is that the production of No Objection Certificate is not required for consideration of the application for transfer of the permit and that production of No Objection Certificate is required only at the time of endorsement of the factum of transfer on the original of the permit. The leaned Government Pleader appearing for the respondents did not dispute the said submission. In such circumstances, I am of the opinion that the petitioner is entitled to succeed. WPC No.19557/2011 2 I accordingly allow the writ petition, quash Ext.P2 and direct the Regional Transport Authority, Pathanamthitta to grant the application for transfer of permit submitted by the petitioner by passing appropriate orders thereon within two weeks form the date of production of a certified copy of this judgment following the procedure prescribed in rule 130 of the Kerala Motor Vehicles Rules. Needless to say the transferee of the permit shall produce a No Objection Certificate from the financier before getting the transfer endorsed on the permit. P.N.RAVINDRAN, (JUDGE) vps