IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 WP(C).No. 4954 of 2009(M) ------------------------- PETITIONER(S): ------------------ M.SUKUMARAN, THANDAMTHOTTY HOUSE, P.O PARAVANADUKAM, KASARAGOD. BY ADV. SRI.K.V.GOPINATHAN NAIR SMT.G.CHITRA RESPONDENT(S): ------------------- 1. THE REGIONAL TRANSPORT OFFICER, (SECRETARY, REGIONAL TRANSPORT AUTHORITY), KASARAGOD. 2. P.L.BALAKRISHNAN, H.NO.2/410 OF PALLIKARA, P.O, PANAYAL, BEKAL, HOSDURG TALUK. GOVT.PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 4954 OF 2009 (M) ==================== Dated this the 16th day of February, 2009 J U D G M E N T On an application made to the RTA, Kasargod, transfer of Stage Carriage KL-14/A 1161, a 1994 model vehicle was allowed in favour of the petitioner. Thereupon, he made Ext.P4 requesting the 1st respondent to endorse transfer of the vehicle and the permit in order to replace the vehicle with a later model vehicle. Thereupon he was informed by the 1st respondent as per Ext.P5 that, to consider his request, there must be a valid insurance for the existing vehicle. It is aggrieved by Ext.P5, the writ petition is filed. 2. As already noticed, the case of the petitioner is that he wants to have the vehicle KL-14/A 1161 replaced immediately on endorsement of the transfer of ownership and permit. Such being the request made, I do not see any statutory provision requiring the petitioner to produce certificate of insurance or the certificate of fitness in respect of the vehicle to be replaced. 3. In view of the above, Ext.P5 will stand quashed and the 1st respondent is directed to pass fresh orders on Ext.P4, as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp