IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 WP(C).No. 5449 of 2010(E) ------------------------- PETITIONER: -------------- K.REGHUNATHAN, S/O.LATE KOCHUKRISHNAN, KRISHNA BHAVAN, MOSQUE LANE, KESAVADASAPURAM, THIRUVANANTHAPURAM. BY ADV. SRI.K.B.PRADEEP SMT.N.G.SINDHU RESPONDENTS: ---------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGIONAL TRANSPORT AUTHORITY, MOTOR VEHICLE DEPARTMENT, THIRUVANANTHAPURAM. 3. INDIAN CEMENTS CAPITAL FINANCE LTD., PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS BRANCH MANAGER. R1 & R2 BY GOVT. PLEADER, SRI.K.C. SATHISH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 5449 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of February, 2010 JUDGMENT The petitioner has approached this Court seeking issuance of a writ of mandamus directing the 2nd respondent to take up Exts.P5 and P6 applications for contract carriage permit in respect of a bus bearing registration No.KL-1/N-2979(Swaraj Mazda Bus) without insisting for a no objection certificate from the 3rd respondent financier, by invoking powers under Section 51 (9)(a) of the Motor Vehicles Act, 1988. 2. Heard learned Government Pleader as well, who entered appearance for the respondents 1 and 2. 3. Taking note of the limited relief prayed for and also the one proposed to be given, this Court does not find it necessary to issue notice to the 3rd respondent for the time being. 4. Learned counsel for the petitioner submits that the issue is actually covered by a decision rendered by a Division Bench of this Court in WA No.2106 of 2006 and also by another judgment of a learned Judge of this Court in K. Reghunathan v. State of WP(C) No. 5449 of 2010 -:2:- Kerala & others [2009(3) KHC 7]. 5. In the above facts and circumstances, the 2nd respondent is directed to consider and pass appropriate orders on Exts.P5 and P6 applications in accordance with law and also in conformity with the binding judicial precedents, of course after giving an opportunity of hearing to all concerned including the petitioner and the 3rd respondent. Appropriate orders in this regard shall be passed as expeditiously as possible, at any rate within 'six weeks' from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. P.R. RAMACHANDRA MENON, JUDGE ttb