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Binzin Jose Challissery House

High Court Of Kerala|23 June, 2014
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JUDGMENT / ORDER

The petitioner is a stage carriage operator. His complaint is that, though transfer of a regular permit to his name has been allowed by Ext.P6, the transfer has not been endorsed on his permit so far. 2. The learned Government Pleader on instructions submit that the petitioner has not complied with the two conditions subject to which Ext.P6 has been issued.
3. According to the counsel for the petitioner, the second condition has been complied with and an NOC from the financing company has been produced, which is Ext.P7. The contention of the Government Pleader is that, the permit holder has submitted an objection. Therefore, without complying with the first condition in Ext.P6, the transfer cannot be endorsed.
4. Heard. In view of the fact that transfer of permit has
W.P.C No. 13312 /2014 2
been allowed subject to the two conditions stipulated in Ext.P6, the petitioner has to comply with both the conditions. According to the petitioner, by producing Ext.P7, the second condition has been complied with. Therefore, he shall comply with the first condition also. For this purpose, the second respondent shall call the original permit holder also and conduct a hearing on the objections. After considering his objections, appropriate action shall be initiated finalising the proceedings for transfer.
This writ petition is therefore disposed of directing the second respondent to hear the petitioner as well as the original permit holder and to give effect to Ext.P6. The exercise shall be completed as expeditiously as possible and at any rate within a period of one month of the date of receipt of a copy of this judgment.
SD/-
K. SURENDRA MOHAN, JV JUDGE
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Title

Binzin Jose Challissery House

Court

High Court Of Kerala

JudgmentDate
23 June, 2014
Judges
  • K Surendra Mohan
Advocates
  • Sri