IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 WP(C).No. 29991 of 2010(Y) ---------------------------------- PETITIONER(S): ------------------ NARASIMHA HOLLA, S/O.GOPALAKRISHNA HOLLA, NEERALA HOUSE, P.O.SHIRIBAGILU, KASARAGOD. BY ADV. SRI.P.DEEPAK RESPONDENT(S): -------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KASARAGOD - 1. BY GOVT.PLEADER SRI. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.29991 of 2010 ---------------------------- Dated 29th September, 2010 JUDGMENT The petitioner is a stage carriage operator on the route Kambar - Kasargod - Madhur operating with stage carriage bearing registration No.KL-14/D. The regular permit is valid till 26.10.2011. The aforesaid vehicle is a 1995 model and the 15 year period was completed on 11.9.2010. As it had completed 15 years, the petitioner cannot now operate the service with the aforesaid stage carriage. In the said circumstances, the petitioner, after purchasing a later model vehicle bearing registration No.KL-13/J 5164, submitted Ext.P2 application for replacement of the vehicle under section 83 of the Motor Vehicles Act, 1988. The respondent refused to entertain the same on the ground that the petitioner has not produced the No Objection Certificate from the financier. The contention of the petitioner is that in the light of the provisions under Section 83 of the Motor Vehicles Act, 1988, the respondent cannot insist for production of No Objection Certificate for considering the application for replacement of the vehicle. In support of the said contention, the petitioner placed reliance on Ext.P4 judgment by this Court. As per the said judgment, this Court held that there is no WP(C).No.29991/2010 2 provision under Section 83 of the Motor Vehicles Act, 1988 requiring production of No Objection Certificate for replacement of the vehicle. I am respectfully in agreement with Ext.P4 judgment. In the circumstances, there will be a direction to the respondent to consider Ext.P2 application in the light of Ext.P4 judgment without insisting production of No Objection Certificate, expeditiously, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of accordingly. C.T.RAVIKUMAR Judge TKS