The petitioners have filed this writ petition challenging Ext.P1 proceedings of the 1st respondent. As per Ext.P1, an application for transfer of permit in respect of stage carriage bearing Registration No.KL-42/A 6689 conducting services on the route Mannamthuruth Ferry-Kodungallur-Cheranellore has been rejected. The reason for rejection is that, the petitioner has not produced a No-Objection Certificate from the financier.
2. According to the counsel for the petitioners, for the transfer of a permit, a No-Objection Certificate from the financier is not necessary. Secondly, it is pointed out that the vehicle in question has never been subjected to a hypothecation agreement or finance arrangement with any financier. Ext.P2 copy of the Registration Certificate is relied upon to support the above contention. Ext.P3 is also relied upon to submit that the vehicle was not subjected to any hypothecation agreement at any time.
3. The learned Government Pleader on instructions submits that as on the date of issue of Ext.P1, there was a hypothecation agreement and that the same was cleared only in February 2014.
4. Heard. Though it is contended by the learned Government Pleader that the vehicle of the petitioner was subjected to a W.P.(C) No.13001 of 2014 2 hypothecation agreement, there are absolutely no records to support the said contention. On the contrary, a perusal of Ext.P2 copy of the registration certificate of the vehicle does not show any endorsement regarding the existence of a hypothecation or financial arrangement. Ext.P3 clearance certificate, jointly submitted by the petitioner and the person to whom the vehicle was subsequently sold, also states that the vehicle was not subject to any hypothecation agreement. The above being the position, it has to be held that Ext.P1 is not sustainable.
In view of the above, Ext.P1 is set aside. The 1st respondent shall consider the joint application submitted by the petitioners for transfer of the permit, in accordance with law, as expeditiously as possible and at any rate within a period of two weeks of the date of receipt of a copy of this judgment.
Sd/-
K.SURENDRA MOHAN, JUDGE.
AV