IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 8639 of 2010(D) ------------------------------------- PETITIONER: ------------------- SHAHEEDA BANU, W/O.C.S.ABDUL RAHIM, AP XI/11,BENKACHERI HOUSE, AJANOOR,CHITHARI, HOSDURG. BY ADVS. MR.SAJEEV KUMAR K.GOPAL, SMT.AMBIKA RADHAKRISHNAN. RESPONDENTS: ------------------------ 1. THE REGIONAL TRANSPORT AUTHORITY, KASARAGOD, REP.BY ITS SECRETARY. 2. THE SECRETARY,REGIONAL TRANSPORT AUTHORITY,KASARAGOD. R1 & R2 BY SR. GOVT. PLEADER MR. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.8639 of 2010 ------------------------------------------- Dated this the 16th day of March, 2010 JUDGMENT The petitioner's mother was the registered owner of a stage carriage bearing Reg.No.KL-14/D 7677. The vehicle also had a regular permit to operate on the route Kasargod - Seethangoli - Madhur - Pannipara- Thalangara- Vidyanagar Civil Station. She expired and being the legal heir, the petitioner submitted an application for transfer of the permit to her name and also for renewal of the permit for which the other legal heirs had consented. Though the transfer was allowed as per Ext.P1, on the ground that the petitioner had not produced a No Objection Certificate from the financier, her application was rejected. Ext.P3 proceedings further shows that the authority has found the petitioner to be not in a sound financial condition. 2. The petitioner has produced Ext.P4 which is the No Objection Certificate issued by the financier. According to the petitioner, the financial liabilities that were subsisting have also been cleared. Therefore, she wpc No.8639/2010 2 prays for a re-consideration of her application. 3. In view of the fact that the financier has issued a No Objection Certificate, the petitioner can be given one more chance to prove her financial capacity before the first respondent. 4. In the above circumstances, this Writ Petition is allowed. The first respondent is directed to consider the application for renewal of permit submitted by the petitioner in respect of stage carriage bearing Reg.No.KL- 14/D 7677 afresh and to pass appropriate orders thereon in accordance with law, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. Though transfer of the vehicle has been allowed, the petitioner complains that the same has not been endorsed. Therefore, necessary steps for endorsing the transfer shall also be initiated without delay. K.SURENDRA MOHAN, JUDGE css/