SRI. NAJMAL BABU, 79 VELIMUTTATHU, PUNNAPRA P.O, ALAPPUZHA DISTRICT Vs. THE REGIONAL TRANSPORT AUTHORITY, ALAPPUZHA, REPRESENTED BY ITS SECRETARY 688001

JUDGEMENT

(1.) The petitioner has filed this Writ Petition complaining that Ext.P1 application submitted by the petitioner for the grant of a fresh permit for the vehicle bearing Registration No. KL-4/R 8901 (LMV Goods vehicle) has not been considered by the 2nd respondent. Therefore a direction is sought for to consider his application. Ext.P3 is an earlier regular goods carriage permit issued to the petitioner by the authority in respect of the same vehicle. The same was valid from 26.03.2005 to 25.03.2010. Ext.P1 application purportedly submitted for the issue of a fresh regular permit, is dated 15.03.2010. The petitioner has therefore sought the issue of a fresh regular permit in respect of the above vehicle that is already covered by an earlier permit Ext.P3, which was valid as on the date of the application. A counter affidavit has been filed by the 2nd respondent. According to the counter affidavit, the petitioner's application was considered as an application for the renewal of his earlier permit. Therefore the petitioner was directed to produce a No Objection Certificate (N.O.C) from the financier.

(2.) Having considered the contentions of the learned counsel appearing for the contesting parties, I do not find any infirmity in the impugned action. The petitioner's contention that an application for a fresh regular permit has been requested for as per Ext.P1 cannot be countenanced for the reason that it is not open to the petitioner to apply for a regular permit during the period of validity of Ext.P3. Therefore Ext.P1 can be considered only as an application for renewal of the regular permit. It is up to the petitioner to comply with the requirements insisted upon by Ext.P2, if he wants Ext.P1 to be considered. This Writ Petition is accordingly disposed of directing the petitioner to comply with the requirements of Ext.P2 and further directing the 2nd respondent to pass appropriate orders on Ext.P1 in accordance with law on the petitioner complying with all the necessary formalities.