IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(C).No. 33228 of 2009(W) ---------------------------------------- PETITIONER: ------------------- K.ABDUL RAFEEK, NAVAS MAHAL,MEENCHANDA, ARTS COLLEGE.P.O,KOZHIKODE. BY ADV. MR.I.DINESH MENON. RESPONDENT: ---------------------- THE SECRETARY,REGIONAL TRANSPORT AUTHORITY,KOZHIKODE. BY SR. GOVT. PLEADER MR. K.S. MUHAMMED HASHIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.33228/2009-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE RC BOOK OF KL-8 U 2851. EXT.P.2: COPY OF THE PERMIT IN RESPECT OF SC KL-8 U 2851. EXT.P.3: COPY OF THE JUDGMENT IN W.P.(C).NO.3541/08 DTD. 29/02/2008. EXT.P.4: COPY OF THE ENDORSEMENT IN THE PERMIT OF SC KL-8 U 2851. EXT.P.5: COPY OF THE JUDGMENT IN W.P.(C).NO.1565/09 DTD. 11/03/2009. EXT.P.6: COPY OF THE JUDGMENT IN W.P.(C).NO.27480/2009 DTD. 22/10/2009. EXT.P.7: COPY OF THE APPLICATION FOR REPLACEMENT SUBMITTED BY THE PETITIONER DTD. 14/10/2009 ALONG WITH CHELAN RECEIPT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 33228 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 18th December, 2009. J U D G M E N T The petitioner is the holder of a regular permit on the route Medical College – Beypore in Calicut. That permit was being operated using vehicle bearing Reg. No. KL-8 U 2851. The petitioner wanted to replace that vehicle with a later motor vehicle bearing Reg. No. KL-11 AC 9990. The petitioner filed an application for replacement, which is Ext. P7. The petitioner's grievance is that the same is not being considered, insisting on no objection certificate from the financier of the old vehicle. According to the petitioner, for considering the replacement application, it is not necessary to produce no objection certificate from the financier of the old vehicle. The petitioner therefore seeks the following reliefs: “To issue a writ of mandamus or such other writs, order or direction, directing the respondent, Secretary, RTA, Kozhikode to consider the application for replacement of the vehicle KL-8 U 2851 covered by regular permit on the route Medical College – Beypore in respect of stage carriage KL-11 AC 9990, without insisting for production of the NOC from the financier as held by this Hon Court in W.P(C) No. 27480/2009 within a time frame as this Hon Court may deem fit and proper.” 2. I have heard the learned Government Pleader also. The learned Government Pleader could not bring to my attention any provision of law, which requires production of NOC from the financier of the old vehicle for replacement of that vehicle with a later model vehicle. In fact, this Court has, in W.P(C) Nos. 1565/2009 and 27480/2009, held that such no objection certificate is not mandatory for the purpose of considering the application for replacement. Accordingly, following those judgments, I dispose of this writ W.P.C. No. 33228/09 -: 2 :- petition directing the respondent to consider and pass orders on Ext. P7 application without insisting on production of NOC from the financier of the old vehicle, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/