IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 WP(C).No. 29018 of 2011(B) -------------------------- PETITIONER(S): --------------- MARY JOSEY,MANAGING PARTNER, BROTHERS TRANSPORT,POTHEN JOSEPH BUILDING, WILLINGDON ISLAND,KOCHI-682003. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM RESPONDENT(S): --------------- 1. THE REGIONAL TRANPORT AUTHORITY, ERNAKULAM-682030,REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY,REGIONAL TRANSPORT AUTHORITY,ERNAKULAM-682030. 3. THE REGIONAL TRANSPORT OFFICER, ERNAKULAM-682030. 4. THE SUB REGIONAL TRANSPORT OFFICER, MATTANCHERRY,KOCHI-682005. BY GOVT. PLEADER SRI.G.GOPAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.29018 of 2011 PETITIONER(S) EXHIBITS EXT.P1: TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE PETITIONER'S VEHICLE NO.KL 43/1908 DATED 29.09.2006. EXT.P1(a): TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE PETITIONER'S VEHICLE NO.KL 43/1921 DT:15.7.2011. EXT.P2: TRUE COPY OF THE NATIONAL PERMITS OF VEHICLE NO.KL 43/08 ISSUED BY 2ND RESPONDENT DATED 29.9.2006. EXT.P2(a): TRUE COPY OF THE NATIONAL PERMITS OF VEHICLE NO. KL 43.1921 ISSUED BY 2ND RESPONDENT DATED 29.9.2006. EXT.P3: TRUE COPY OF THE AUTHORIZATION CERTIFICATE OF THE VEHICLE KL 43/1921 ISSUED BY 3RD RESPONDENT DT:25.9.2010. EXT.P4: TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT NUMBER 7/19458/2011 AND 7/159452/2011 EXT.P5: TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C)32449/2010 DATED 28.10.2010. RESPONDENTS' EXHIBITS NIL //TRUE COPY// P.S. To Judge. P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.29018 of 2011 ----------------------------------------- Dated this the 3rd day of November, 2011 JUDGMENT The petitioner is a registered owner of two heavy goods vehicles bearing registration Nos.KL-43/1908 and KL-43/1921. Both the vehicles are covered by national permits that were valid till 28.9.2011. They are also covered by authorisation certificates which were also valid till 28.9.2011. The petitioner applied for renewal of the national permits and the authorisation certificates by submitting applications in time on 27.9.2011. This writ petition is filed contending that though applications for renewal of the national permits and authorisation certificates were submitted in time they have not so far been granted on the ground that proceedings initiated against the petitioner on the basis of check reports regarding the aforesaid vehicles are pending finalisation. In this writ petition the petitioner seeks a direction to the respondents to renew the national permits and the authorisation certificates issued to her in respect of the heavy goods vehicles bearing registration Nos.KL-43/1908 and KL-43/1921. W.P(C).No.29018 of 2011 -:2:- 2. When this writ petition came up for hearing on 31.10.2011, the learned Government Pleader was directed to get instructions. When the writ petition came up for further hearing today, Sri.G.Gopakumar, the learned Government Pleader appearing for the respondents, submitted on instructions that except the check reports there is no other reason for not renewing the national permits/authorisation certificates and that the petitioner was directed to compound the offences covered by the check reports as a condition precedent for renewal of the national permits/authorisation certificates. 3. The issue raised by the petitioner is no longer res integra and is covered in her favour by the decision of a learned single Judge of this Court in W.P.(C)No.24496 of 2005, which was followed by me in W.P.(C)No.4891 of 2011. Ext.P5 judgment in W.P.(C)No.32449 of 2010 also is in favour of the petitioner. The Secretary, Regional Transport Authority, Ernakulam was a party to W.P.(C)No.24496 of 2005. In Ext.P5 judgment also the Regional Transport Officer, Ernakulam, is a party. In the aforesaid judgments it was held that Regional Transport Authorities cannot insist that stage carriage operators should compound the offences alleged against them in the check reports for the purpose of W.P(C).No.29018 of 2011 -:3:- issuing fitness certificates, acceptance of motor vehicles tax or renewal of stage carriage permits. In the light of the binding decisions of this Court the stand taken by the respondents cannot be sustained. I accordingly dispose of the writ petition with a direction to the competent authority among the respondents to renew the national permits/authorisation certificates issued in respect of heavy goods vehicles bearing registration Nos.KL-43/1908 and KL-43/1921 without insisting on the petitioner compounding the offences alleged against her in the check reports relating to the aforesaid vehicles. Needless to say, the competent authority among the respondents shall also receive the motor vehicles tax in respect of the aforesaid vehicles. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.29018 of 2011 ---------------------------- JUDGMENT 3rd November, 2011