IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 WP(C).No. 35338 of 2009(J) -------------------------------------- PETITIONER: ------------------- M.T. VASU, AGED 50, S/O. APPUNNI, NELLIKKATHARAYIL HOUSE, P.O. VETTOM, TIRUR, MALAPPURAM DISTRICT. BY ADV. MR.K.K.MOHAMED RAVUF. RESPONDENT: ---------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM. BY SR. GOVT. PLEADER MR. K.S. MOHAMMED HASHIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.35338/2009-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO.C8/43780/M/06 DTD. 19/11/2009. EXT.P.2: COPY OF THE RELEVANT EXTRACT. EXT.P.3: COPY OF THE R.C. BOOK OF THE PRESENT VEHICLE. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. P.N.RAVINDRAN, J. ---------------------------------------- W.P.(C) No. 35338 of 2009 - J ---------------------------------------- Dated 12th January, 2010 Judgment The petitioner was operating a stage carriage bearing registration No.KL/10N-2822 on the route Koottayi- Azhimugham-Tirur-Purathur on the strength of a regular permit issued by the Regional Transport Authority, Malappuram. The validity of the said permit expired in December, 2006. The petitioner had applied for renewal of the regular permit in time. By Ext.P1 proceedings dated 19.11.2009, the Secretary, Regional Transport Authority accorded sanction for renewal of the regular permit issued in respect of the stage carriage bearing registration No.KL/10N-2822. The petitioner was directed to produce the current records of the said vehicle within 30 days, failing which he was cautioned that the sanction accorded for renewal of the permit will be revoked without further notice. 2. The petitioner states that the vehicle referred to in Ext.P1 order is not roadworthy and that for that reason he was W.P.(C) No.35338/2009 2 exempted from paying motor vehicles tax in respect of the said vehicle. Reliance is placed on the endorsementa in Ext.P2 certificate of registration in support of the said contention. The petitioner also states that as the vehicle covered by the permit was not roadworthy, he had purchased a later model vehicle bearing registration No.KL/7AH-9520. It is also stated that the respondent was informed that the vehicle bearing registration No.KL/10N-2822 has been garaged, that it has therefore been exempted from payment of tax and that notice in form 'G' has also been given. The petitioner further states that the current records of the vehicle bearing registration No.KL7/AH-9520 were produced before the second respondent. The grievance voiced by the petitioner is that the respondent refused to receive the records of the later model stage carriage and issue a renewed permit in respect of the said vehicle. In this writ petition, the petitioner seeks a direction to the respondent to accept the current records of the stage carriage bearing registration No.KL7/AH-9520 and to issue a renewed permit pursuant to Ext.P1 order for the said vehicle. W.P.(C) No.35338/2009 3 3. Sri.K.S.Mohammed Hashim, the learned Senior Government Pleader appearing for the respondent submits that as the petitioner did not produce the current records of the vehicle described in Ext.P1 or the records relating to the vehicle described in Ext.P3 certificate of registration within the period of 30 days stipulated in Ext.P1, the petitioner is not entitled to have his regular permit renewed pursuant to Ext.P1. 4. I have considered the submissions made at the Bar by the learned counsel appearing on both sides. Ext.P1 order was passed on 19.11.2009 on an application filed by the petitioner nearly three years back. This writ petition was filed on 7.12.2009 even before the period of 30 days stipulated in Ext.P1 order expired. Under rule 159 (2) of the Kerala Motor Vehicle Rules, 1989 the permit issuing authority can grant time upto four months from the date of the order granting the permit or renewal thereof for production of the current records of the vehicle. The said period of four months has not yet expired. The reason stated by the petitioner for replacing the vehicle mentioned in Ext.P1 permit with the later model vehicle described in Ext.P3 certificate of registration is that the former W.P.(C) No.35338/2009 4 vehicle is not roadworthy. Ext.P2 certificate of registration in relation to the vehicle described in Ext.P1 discloses that it has been exempted from payment of tax ever since 1.4.2006. It is also stated that the vehicle has been garaged and that notice in Form 'G' has been given to the respondent. In such circumstances, as the petitioner has offered a later model vehicle to operate on the route mentioned in Ext.P1 in the place of a vehicle which is not roadworthy, I am of the opinion that the respondent should consider the request made by the petitioner for replacement of the vehicle described in Ext.P1 with a later model vehicle namely, the vehicle described in Ext.P3 certificate of registration. I accordingly dispose of this writ petition with a direction that in the event of the petitioner producing the current records of the vehicle described in Ext.P3 certificate of registration namely, the vehicle bearing registration No.KL7/AH-9520 before the respondent within two weeks from today along with an application to replace the vehicle, the respondent shall issue a regular permit to the petitioner to operate a stage carriage on the route Koottayi-Azhimugham-Tirur-Purathur. W.P.(C) No.35338/2009 5 The renewed permit pursuant to Ext.P1 order shall be issued, if the records of the vehicle described in Ext.P3 certificate of registration namely, the vehicle bearing registration No.KL7/AH-9520 are in order within two weeks from the date on which the petitioner produces the current records of the said vehicle along with an application for replacement of the vehicle and a certified copy of this judgment before the respondent. P.N.RAVINDRAN Judge vaa