IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 WP(C).No. 35620 of 2010(B) ---------------------------------------- PETITIONER(S): --------------------- THE SECRETARY, TRIVANDRUM DISTRICT MOTOR TRANSPORT WORKERS CO-OPERATIVE SOCIETY LIMITED, NOW. T. 763, ATTINGAL. BY ADV. SRI.K.V.GOPINATHAN NAIR, SMT.G.CHITRA. RESPONDENT(S): ----------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THIRUVANANTHAPURAM, (RURAL AT ATTINGAL), PIN - 695 101. BY GOVT. PLEADER MR.P.M. MANOJ. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.35620 of 2010 ---------------------------- Dated 6th December, 2010 JUDGMENT The petitioner is a society which is granted regular permit to operate stage carriage service on the route Ayilamkadavu - Kollam. The said service is being operated with vehicle bearing registration No.KL- 01/F 6954. Prior to the expiry of validity of the permit the petitioner has submitted an application for renewal of the permit. Though initially the same was declined to be granted, later, it was granted as per Ext.P2. The grievance of the petitioner is that the respondent herein is not endorsing the same. The contention of the petitioner is that in terms of the provisions under Rule 131 of the Kerala Motor Vehicles Rules, 1989 once the Regional Transport Authority passes an order, the Secretary, RTA is bound to give effect to the said order. Therefore, in terms of Ext.P2 order granting renewal of permit the respondent is bound to endorse the same in view of Rule 131 of the Kerala Motor Vehicles Rules. 2. I have heard the learned counsel appearing for the petitioner as also the learned Government Pleader. 3. The learned Government Pleader submitted that the respondent is not endorsing the factum of renewal in the permit as the petitioner did not produce the No Objection Certificate from the financier of the vehicle. In this case, it is evident that initially the Regional WP(C).No.35620/2010 2 Transport Authority has declined to grant renewal and the same was subsequently granted only in terms of the directions is MVAA.No.682 of 2002 by the State Transport Appellate Tribunal. Once the RTA has granted renewal the respondent herein is not entitled to put any further condition for endorsing the same especially in the light of Rule 131 of the Kerala Motor Vehicles Rules. That apart, if it was a condition which is to be complied with for the purpose of endorsing the grant of renewal of permit, there is no reason for the respondent for not taking appropriate action in accordance with the provisions and to endorse the same with notice to the concerned financier. Evidently, in this case, despite the receipt of Ext.P2 order the petitioner is not getting it endorsed in the permit. In the above circumstances, this writ petition is disposed of with a direction to the respondent to take appropriate steps for endorsing renewal of permit in the permit in respect of the vehicle bearing registration No. KL-01/F 6954 expeditiously, at any rate within a period of one month from the date of receipt of a copy of this judgment. Sd/- C.T.RAVIKUMAR Judge TKS // True copy // P.S. to Judge