IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 22ND JUNE 2010 / 1ST ASHADHA 1932 WP(C).No. 27280 of 2007(V) ------------------------------------- PETITIONER(S): ----------------------- VISHWANATHAN, S/O.JANARDHANAN, AGED 52 YEARS, KALLUMMOOTTIL VEEDU, KOTHAPURAM MURI, WEST KALLADA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.BECHU KURIAN THOMAS SRI.ROSHEN.D.ALEXANDER RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPT. OF PUBLIC TRANSPORT GOVT. SECRETARIAT THIRUVANANTHAPURAM. 2. REGIONAL TRANSPORT OFFICER, COLLECTORATE, KOLLAM. 3. SHRIRAM TRANSPORT FINANCE CO.LTD., HAVING ITS BRANCH OFFICE AT KADAPPAKADA, KOLLAM, REPRESENTED BY ITS BRANCH MANAGER. BY GOVERNMENT PLEADER MR. MUHAMED HASHIM ADV. SRI.E.M.MURUGAN FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27280 of 2007(V) APPENDIX EXT.P1: TRUE COPY OF THE AGREEMENT DTD. 09.06.03 EXECUTED BETWEEN PETITIONER AND SAKKIR HUSSAIN. EXT.P2: TRUE COPY OF THE AGREEMENT DTD. 04.06.02 EXECUTED BETWEEN O.G.VARGHESE AND SAKKIR HUSSAIN. EXT.P3: TRUE COPY OF THE RELEVANT PAGE OF THE R.C. BOOK. EXT.P4. TRUE COPY OF THE PERMANENT PERMIT. EXT.P5: TRUE COPY OF THE TEMPORARY PERMIT ISSUED IN FAVOUR OF SMT.OMANA VARGHESE. EXT.P6: TRUE COPY OF THE APPLICATION DTD.09.07.2007 FOR THE TRANSFER OF PERMIT. //TRUE COPY// PA TO JUDGE K.SURENDRA MOHAN, J. -------------------------------- W.P.(C).No.27280 of 2007 ---------------------------------------- Dated this the 22nd day of June, 2010 JUDGMENT The petitioner has filed this writ petition challenging the action of the 2nd respondent refusing to allow Ext.P6 application for transfer of the stage carriage permit to his name. The petitioner is the owner of stage carriage vehicle bearing registration No. KL-3/D-7524, purchased by him as per Ext.P1 agreement. According to the petitioner, the vehicle was originally owned by one G.Muraleedharan Pillai who had transferred the vehicle to one Sri.O.G.Varghese. O.G Varghese had availed financial assistants from the 3rd respondent under a hire purchase agreement. The hire purchase agreement had not been closed and therefore, the petitioner was directed to produce a no objection certificate for the purpose of transferring the permit as requested in Ext.P4. 2. It is submitted by counsel for the 3rd respondent that the petitioner has already paid the entire amount due to the W.P.(C).No.27280 of 2007 2 3rd respondent. The 3rd respondent has also issued a no objection certificate to the petitioner. In view of the above submission, what remains is only to direct the 2nd respondent to consider Ext.P6 application in accordance with law. For the purpose the petitioner shall produce the no objection certificate before the 2nd respondent without further delay. 3. This writ petition is accordingly disposed of directing the 2nd respondent to consider the application submitted by the petitioner evidenced herein by Ext.P6 for transfer of the permit to his name on the petitioner producing the no objection certificate from the 3rd respondent, as expeditiously as possible and at any rate within a period of two months from the date of receipt of copy of this judgment. K.SURENDRA MOHAN, JUDGE. mns