The petitioner is aggrieved by the non- consideration of Ext.P2 application for replacement. The brief facts are that the petitioner is a regular permit holder as is evidenced by Ext.P1. The petitioner was operating a stage carriage bearing registration No.KL-13/Q 7115 on the route Niranthode - Kannur HQ Hospital. The said vehicle is a 2006 model vehicle with 38 seats and he intends to replace it with a 2006 model vehicle with 48 seats having registration No.KL-13/Q 7567, on lease agreement. The refusal of the respondent to consider Ext.P2 is for the reason that the lease agreement has not been endorsed in the Registration Certificate. The issue is covered by a decision reported in Rajan v. Regional Transport Authority (2014 (1) KLT 387) wherein WP(C).28221/14 2 it is held that the person who obtains possession of a vehicle under a lease agreement is also entitled to operate the said vehicle in a permit issued to that person, despite the fact that the permit holder is not the registered owner of the vehicle. The provision for endorsing the Registration Certificate with hypothecation was also held to be not mandatory. Following the aforesaid decision, the Secretary, RTA is directed to consider Ext.P2, in accordance with the dictum laid down in the said decision.
Writ petition disposed of.
Sd/-
K.VINOD CHANDRAN
Judge
Mrcs //True Copy//