IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 WP(C).No. 36695 of 2010(J) ---------------------------------------- PETITIONER(S): ------------------------ PREMRAJ MOHAN,PALACE HOUSE, KUTHIRAVATTOM PO, KOZHIKODE. BY ADV. SRI.M.A.FAYAZ RESPONDENT(S): --------------------------- REGIONAL TRANSPORT OFFICER, CIVIL STATION, KOZHIKODE 673 020. BY GOVERNMENT PLEADER SRI. BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 36695 OF 2010 -------------------------------------------- Dated this the 14th day of December, 2010 JUDGMENT The petitioner is a stage carriage operator on the route Mukkom- Mavoor-Kozhikode operating with stage carriage bearing registration No.KL-11-R-6776. He has filed an application for replacement of the said vehicle with a later model vehicle bearing registration No.KL-7 -BF-1878. However, the said application was not taken up for consideration on account of the failure on the part of the petitioner to produce No Objection Certificate from the financier of the vehicle with registration No.KL-11-R- 6776. Section 83 of the Motor Vehicles Act and Rule 174 of the Kerala Motor Vehicles Rules deal with the question of replacement of the vehicles. Earlier, the question whether for consideration of an application for grant of replacement, production of No Objection Certificate from the financier could be insisted or not, has come up for consideration before this Court. After considering the said issue, this Court held that such an insistence for production of No Objection Certificate as a condition for consideration of an application for replacement is unwarranted. To W.P.(C) NO.36695/2010 2 buttress the said contention, the petitioner has relied on Exts.P5 and P6 judgments. In the light of the provisions referred above as also in the light of Exts.P5 and P6 judgments, I am of the view that there is no justification for the respondent for insisting the petitioner to produce No Objection Certificate as condition for consideration of the application for replacement of the vehicle with registration No.KL-7- BF-1878. Therefore, this Writ Petition is disposed of with a direction to the respondent to consider and pass orders on the application submitted by the petitioner for replacement of the existing vehicle with later model vehicle bearing registration No.KL-7 -BF- 1878 without insisting production of No Objection Certificate from the financier expeditiously, at any rate, within a period of four weeks from the date of receipt of a copy of this judgment. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.36695/2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.36695/2010 4