Premraj Mohan vs Regional Transport Officer on 14 December, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36695 of 2010(J)


1. PREMRAJ MOHAN,PALACE HOUSE,
                      ...  Petitioner

                        Vs



1. REGIONAL TRANSPORT OFFICER,
                       ...       Respondent

                For Petitioner  :SRI.M.A.FAYAZ

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :14/12/2010

 O R D E R
                           C.T. RAVIKUMAR, J.
                    --------------------------------------------
                       W.P.(C). NO. 36695 OF 2010
                    --------------------------------------------

                Dated this the 14th day of December, 2010

                                 JUDGMENT

The petitioner is a stage carriage operator on the route Mukkom-

Mavoor-Kozhikode operating with stage carriage bearing registration

No.KL-11-R-6776. He has filed an application for replacement of the said

vehicle with a later model vehicle bearing registration No.KL-7 -BF-1878.

However, the said application was not taken up for consideration on

account of the failure on the part of the petitioner to produce No Objection

Certificate from the financier of the vehicle with registration No.KL-11-R-

6776. Section 83 of the Motor Vehicles Act and Rule 174 of the Kerala

Motor Vehicles Rules deal with the question of replacement of the

vehicles. Earlier, the question whether for consideration of an application

for grant of replacement, production of No Objection Certificate from the

financier could be insisted or not, has come up for consideration before

this Court. After considering the said issue, this Court held that such an

insistence for production of No Objection Certificate as a condition for

consideration of an application for replacement is unwarranted. To

W.P.(C) NO.36695/2010 2

buttress the said contention, the petitioner has relied on Exts.P5 and P6

judgments. In the light of the provisions referred above as also in the light

of Exts.P5 and P6 judgments, I am of the view that there is no justification

for the respondent for insisting the petitioner to produce No Objection

Certificate as condition for consideration of the application for

replacement of the vehicle with registration No.KL-7- BF-1878.

Therefore, this Writ Petition is disposed of with a direction to the

respondent to consider and pass orders on the application submitted by the

petitioner for replacement of the existing vehicle with later model vehicle

bearing registration No.KL-7 -BF- 1878 without insisting production of

No Objection Certificate from the financier expeditiously, at any rate,

within a period of four weeks from the date of receipt of a copy of this

judgment.

(C.T. RAVIKUMAR, JUDGE)

spc

W.P.(C) NO.36695/2010 3

C.T. RAVIKUMAR, J.

JUDGMENT

September, 2010

W.P.(C) NO.36695/2010 4