IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 WP(C).No. 35159 of 2009(L) --------------------------------------- PETITIONER(S): ---------------------- M.ABDUL NAZER, MULLAPPALLY HOUSE, PALAZHI, P.O. G.A.COLLEGE, KOZHIKODE. BY ADV. MR.O.D.SIVADAS RESPONDENT(S): ------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOZHIKODE. BY SR. GOVERNMENT PLEADER MR.K.S. MOHAMMED HASHIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 35159/2009-L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PROCEEDING RELATING TO THE PETITIONER DATED 15/01/2007. EXT.P2: COPY OF THE APPLICATION FOR REPLACEMENT DATED 26/10/2009. EXT.P3: COPY OF THE PROCEEDING DATED 05/11/2009 ISSUED BY THE RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. P.N.RAVINDRAN, J. ---------------------------------------- W.P.(C) No. 35159 of 2009 - L ---------------------------------------- Dated 13th January, 2010 Judgment The petitioner is operating a stage carriage on the route Punathil Bazar – Kozhikode on the strength of a regular permit issued in respect of the vehicle bearing registration No.KL/10C- 2239. The said permit is valid till 23.1.2012. The said vehicle is an old vehicle (1994 model). The petitioner decided to replace the vehicle by the vehicle bearing registration No.KL/11E-6669, which is a later model vehicle (1996 model). On receipt of Ext.P2 application submitted by the petitioner in that regard on 26.10.2009, the Regional Transport Officer, Kozhikode issued Ext.P3 notice dated 5.11.2009 calling upon the petitioner to produce among other documents a no objection certificate from the financier of the existing vehicle. This writ petition was thereupon filed challenging the said stipulation in Ext.P3. The petitioner contends that the production of a no objection certificate from the financier cannot be insisted upon and that the said demand is illegal. 2. A learned single Judge of this Court has in W.P.(C) No.12680 of 2008 held that as the replacement of a stage carriage W.P.(C) No. 35159/2009 2 does not attract section 51 (6) of the Motor Vehicles Act, the production of a no objection certificate from the financier cannot be insisted upon. In the light of the said decision, it has to be necessarily held that the Regional Transport Authority, Kozhikode cannot insist that the petitioner should produce a no objection certificate from the financier of the existing vehicle for the purpose of considering his application for replacement of the vehicle operating on the route Punathil Bazar-Kozhikode. I accordingly dispose of this writ petition with a direction that in the event of the petitioner complying with the stipulations in Ext.P3 other than production of a no objection certificate from the financier, the Secretary, Regional Transport Authority, Kozhikode shall consider Ext.P2 application and take a decision thereon expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment before him, if the other conditions stipulated in Ext.P3 letter are complied with. P.N.RAVINDRAN Judge vaa