UMMER P Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) The Petitioner is a stage carriage operator operating a stage carriage on the rout Othai-Kazhikode on the strength of Ext.P1 regular permit that was issued on 12.08.2011. Two weeks back the Petitioner submitted Ext.P3 letter dated 15.3.2011 to the second Respondent requesting for permission to surrender the permit. This Writ Petition is filed seeking a direction to the second Respondent to consider the request in Ext.P3 and to cancel the permit forthwith. The Petitioner contends that though he had availed financial assistance from a private financier and the vehicle stands hypothecated to the financier, permission of the financier is not required for surrendering the permit. It is contended that unlike Section 51 (6) of the Motor Vehicles Act which stipulates that a "No Objection Certificate" from the financier should he produced for renewal or transfer of the permit, Rule 183 of the Kerala Motor Vehicles Rules 1989 which provides for surrender of permits and consequential cancellation does not contain any such stipulation and therefore, the Respondents cannot insist that the Petitioner should produce a "No Objection Certificate" from the financier.

(2.) Sri. Basant Balaji, the learned Government Pleader appearing for the Respondents submitted on instructions that the Petitioner has not along with Ext.P3 application surrendered the original of the permit, that under Rule 217 of the Kerala Motor Vehicles Rules, 1989 the Petitioner has to give one month's notice of his intention to withdraw the service and unless the Petitioner gives notice in terms of Rule 217 and surrenders the permit along with that notice, Rule 183 will not come into operation. The learned Government Pleader also submitted that the financier of the vehicle has objected to the surrender of the permit and therefore no orders have been passed on Ext.P3 application.

(3.) I heard Sri. Sajeev Kumar K. Gopal, learned Counsel appearing for the Petitioner and Sri. Basant Balaji, learned Government Pleader appearing for the Respondents. Rule 183 of the Kerala Motor Vehicles Rules, 1989, which deals with cancellation of permits, reads as follows: