IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 W.P(C).No. 14628 of 2008(N) ---------------------------------- PETITIONER: -------------- SHYJITH K.P. S/O. ASOKAN, KAKKUZHIYULLA PARAMBATH KAVILUMPARA P.O., KUTTIYADI, KOZHIKODE. BY ADV. SRI.M.A.MANHU SRI.M.A.FAYAZ RESPONDENTS: ----------------- 1. REGIONAL TRANSPORT OFFICER, KOZHIKODE 2. REGIONAL TRANSPORT OFFICER, VATAKARA. BY GOVT. PLEADER, SRI. K.R. DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = = W.P.(C) No. 14628 OF 2008 - N = = = = = = = = = = = = = = = = = Dated this the 3rd June 2008 J U D G M E N T The prayer sought in the writ petition is to direct the 2nd respondent to issue clearance certificate in respect of vehicle KL- 11/AA-250 to enable the petitioner to complete the sale pursuant to Ext. P5 agreement. 2. It would appear that by Ext. P3 the registration certificate of the petitioner was suspended by the 1st respondent on the allegation that there was an additional extension to the longitudinal member of chassis frame. Challenging Ext. P3 the petitioner approached this Court by filing a writ petition as W.P.(C) No. 35390/07 in which the aforesaid order has been stayed until further orders. 3. Now the petitioner wants to sell the vehicle in pursuance to Ext. P5 agreement and sought the B Register NOC from the 1st respondent. The 1st respondent has also issued the NOC and now it is for the 2nd respondent to issue the clearance certificate. According to the petitioner, the same has been declined in view of W.P.(C) No. 14628 OF 2008 -2- the pendency of W.P.(C) No. 35390/07. 4. The learned Govt. Pleader also confirms this position and submits that NOC could be issued if the petitioner makes alteration to the vehicle and rectify the defects which led to Ext. P3. 5. I cannot approve the contention now raised for the reason that the correctness or otherwise of Ext. P3 is under examination of this Court in the writ petition filed by the petitioner and the said order has been stayed by this Court. Therefore, Ext. P3 or the pendency of the writ petition cannot be urged against the petitioner for declining the clearance certificate. 6. In view of this the writ petition is disposed of directing that the 2nd respondent shall consider the request of the petitioner for clearance certificate and pass appropriate orders thereon as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. Petitioner shall produce a copy of this judgment before the 2nd respondent for compliance. ANTONY DOMINIC JUDGE jan/-