## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 14[TH] DAY OF FEBRUARY 2023 / 25TH MAGHA, 1944`**
## **`WP(C) NO. 3762 OF 2023`**
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PETITIONER:
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THOMAS C.J
AGED 53 YEARS
S/O GEORGE, 230/4 CHITTAPPILLY HOUSE, NAMBAZHIKKAD,
PALAKKAD, PIN - 680602
BY ADVS.
P.DEEPAK
NAZRIN BANU
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## **`RESPONDENTS:`**
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1THE REGIONAL TRANSPORT AUTHORITY, PALAKKAD
REPRESENTED BY ITS SECRETARY, REGIONAL TRANSPORT
OFFICE, PALAKKAD, PIN - 678001
2THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
PALAKKAD
REPRESENTED BY ITS SECRETARY, REGIONAL TRANSPORT
OFFICE, PALAKKAD, PIN - 678001
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SMT MABLE C KURIAN, SR GOVERNMENT PLEADER
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THISWRITPETITION(CIVIL)HAVINGCOMEUPFOR
ADMISSIONON14.02.2023,THECOURTONTHESAMEDAY
DELIVERED THE FOLLOWING:
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W.P.(C) No. 3762 of 2023 2
## **JUDGMENT**
The petitioner states that he is the holder of a regular permit in respect of stage carriage bearing registration No.KL-08-AC-8384. According to the petitioner, Exhibit P1 permit was having a period of validity till 06.08.2021. Seeking the renewal of the permit, Exhibit P2 application was filed on 12.07.2021, and the same is pending consideration of the 1st respondent. As the stage carriage covered under Exhibit P1 permit has completed more than 17 years and there was an interdiction as per rule 260A of the Kerala Motor Vehicle Rules, 1989, in using the said vehicle, the petitioner is stated to have purchased a later model vehicle bearing Registration No.KL-05-Z-1690. After procuring the new vehicle, the petitioner submitted Exhibit P4 application for the replacement of the old vehicle with a newer model vehicle. The request was considered in the meeting of the RTA, and proceedings were issued to consider Exhibit P2 along with Ext. P4. Petitioner asserts that the 2nd respondent is insisting that Exts P2 and P4 applications can be taken up only if the petitioner produces the current records of the old vehicle. According to the petitioner, such
W.P.(C) No. 3762 of 2023 3
insistence is illegal and unjustifiable as the petitioner cannot be asked to renew the certificate of fitness of an old vehicle after making the same roadworthy. The petitioner asserts that this Court, while passing Ext. P6 judgment has held that the respondents can only insist that the Motor Vehicle Tax, contribution to the welfare fund, and the dues, if any, of the vehicle are to be cleared, and there is no provision in the Act or Rules to produce the current records as a condition precedent for renewing the permit or replacement of the vehicle. The petitioner states that pending consideration of Exts P2 and P4, he has submitted Exhibit P7 application for issuance of a temporary permit, and the same has also not been taken up or considered. It is in the afore circumstances that this writ petition is filed seeking the following reliefs:
i) issue a writ in the nature of mandamus or such other writ, order or direction commanding the 1st respondent to forthwith consider and pass orders on Exhibit P2 application for renewal of Exhibit P1 permit & Exhibit P4 application for replacement of vehicle by the circulation of papers under Rule 130 of the Kerala Motor Vehicle Rules, 1988 without insisting on production of the current records of the old vehicle, namely, KL-08-AC 8384 in the light of the law laid down in Exhibit P6 judgment.
ii) issue a writ in the nature of mandamus or such other writ, order or direction commanding the 2nd respondent to take Exhibit P7 application for temporary permit to file and issue temporary permit on
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the said application without insisting on the production of the current records of the old vehicle, namely, KL-08 AC 8384.
2. The learned Government Pleader, on instructions, submits that the learned Single Judge of this Court in **Usman v. Regional Transport Authority, Malappuram and another** [2015 (4) KHC 779]
has held that the holding of a permit or a renewed permit is a sine qua non to enable an applicant to apply for permission to replace the vehicle.
3. I have considered the submissions advanced. Rule 172 of the Kerala Motor Vehicle Rules, 1989 deals with the renewal of permits, and the provision read as under:
172. **Renewal of permits** ,‐ (1) Every application for the renewal of a permit shall be made to the Transport Authority which issued the permit.
(2) Application for renewal of permit shall be in Form "PRA" and shall be accompanied by the permit where the motor vehicle is subject to a hire purchase, lease or hypothecation agreement, the certificate or communication, or as the case may be, the declaration referred to in sub‐section (8) of Section 51 of the Act.
- (3) Production of permit.‐(a) The Transport Authority sanctioning an application for renewal of a permit shall call upon the permit holder to produce the Registration
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Certificate of the vehicle and endorse the renewal in the permit and return them to the holder. The Transport Authority may revoke its sanction of the application for renewal if the permit holder fails to produce the documents aforesaid within one month from the date of despatch of the order requiring the production of the records:
Provided that the Transport Authority may, if satisfied on an application made to it in writing by the permit holder within the period of one month aforesaid that there are sufficient grounds, grant an extension or extensions of time not exceeding four months in the aggregate for the production of the records
- (b) The Transport Authority may delegate the powers conferred on it by clause (a) to its Secretary in cases where the Secretary has sanctioned the application for renewal of the permit
4. Sub Rule (3) of Rule 172 says that the transport authority sanctioning an application for renewal of a permit shall call upon the permit holder to produce the registration certificate and endorse the renewal of the permit and return them to the holder. Exhibit P5 proceedings of the RTA reveal that the authority has recorded that the vehicle KL-08 AC 8384, which is covered under Exhibit P1 permit, has attained 15 years of age as of 06.01.2020 and has become unsuitable for operation.
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5. In the case on hand, Ext.P2 application for renewal of permit was submitted on 12.07.2021. As per Rule 260 A (3) of the Kerala Motor Vehicle Rule, 1989, a stage carriage older than fifteen years from the date of its registration shall not be permitted to be operated as a Limited Stop Ordinary Service. It appears that Sub Rule (3) was amended, and from 25.09.2021, a stage carriage older than 17 years is interdicted from operating as LSOS. In the case on hand, the application for renewal was submitted when Rule 260A, prior to the amendment, was in operation. As held by this Court in Exhibit P6, none of the statutory provisions insists that at the time of filing the application for renewal, the applicant has to produce the record of the outgoing vehicle for consideration of the application. The respondents can only insist upon the petitioner that he shall clear the dues payable by way of tax as well as contribution to the welfare fund as applicable. The judgment relied on the learned Government Pleader only says that both applications for renewal of permit and replacement of the vehicle cannot be dealt with in one breath by the RTA. Only the holder of a permit can apply for permission from the RTA to replace the vehicle covered by the permit with another.
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In view of the discussion, I am of the view that directions can be issued to the 1st respondent to consider the applications in accordance with the law laid down in **Usman** (supra), and a decision shall be taken within a period of six weeks. If in the meantime, an application for a temporary permit is filed by the petitioner, the same shall also be taken up on its merits and in accordance with the law, and appropriate orders shall be passed within a period of three weeks from the date of receipt of a copy of this judgment.
This writ petition is disposed of.
Sd/-
**RAJA VIJAYARAGHAVAN V, JUDGE**
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IAP
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W.P.(C) No. 3762 of 2023 8
## **`APPENDIX OF WP(C) 3762/2023`**
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PETITIONER’S EXHIBITS:
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Exhibit P1A TRUE COPY OF THE REGULAR PERMIT ISSUED
TO THE PETITIONER VALID TILL 06.08.2021
(DATED 31.08.2016)
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Exhibit P2A TRUE COPY OF THE APPLICATION FOR
RENEWAL OF PERMIT DATED 12.07.2021
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- `Exhibit P3 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL-05-Z-1690 ISSUED ON 19.10.2022`
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Exhibit P4A TRUE COPY OF THE APPLICATION FOR
REPLACEMENT OF VEHICLE DATED 07.11.2022
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Exhibit P5A TRUE COPY OF THE DECISION OF THE LET
RESPONDENT DATED 11.11.2022
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Exhibit P6A TRUE COPY OF THE JUDGMENT DATED
20.10.2020 IN WPC NO: 17340 OF 2020
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Exhibit P7A TRUE COPY OF THE APPLICATION FOR
TEMPORARY PERMIT DATED 16.01.2023
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RESPONDENTS’
EXHIBITS:
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NIL
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