The petitioner is an existing stage carriage operator conducting services on the route Kamballur – Kottapuram on the basis of a regular permit issued to his stage carriage bearing registration No.KL-12 D 6162. Ext.P1 is the permit. Since the vehicle is not in good condition, the petitioner has obtained possession of another vehicle on lease. He has thereafter submitted Ext.P4 application for the replacement of his vehicle. He complains that no orders have been passed thereon till date. Reliance is also placed on the decision of this Court in M.Raveendran v. RTO, Kannur [1995 (1) KLT 126] to submit that it is not necessary for the permit holder to be a registered owner of the vehicle that is used for conducting services. According to the counsel for the petitioner, in view of the decision of this Court in Rajan v. Regional Transport Authority [2014 (1) KLT 387], an endorsement of the lease in the RC Book of the vehicle also is not warranted. Therefore, it is W.P.(C) No.14150 of 2014 -: 2 :- contended that there is absolutely no impediment in considering the request of the petitioner.
2. The Government Pleader on instructions submits that the lessor and lessee have been directed to appear before the respondent for the purpose of ascertaining the veracity of the statement given. Once the parties appear before the respondent, he assures that the application would be considered and orders would be passed thereon.
In view of the above, this Writ Petition is disposed of directing the respondent to consider Ext.P4 application in accordance with law and to pass appropriate orders thereon as expeditiously as possible, at any rate, within a period of two weeks of the date of appearance of the lessor and lessee before the respondent. The respondent shall also take note of the decisions of this Court cited supra and relied upon by the petitioner.
Sd/-
K. SURENDRA MOHAN, JUDGE.
Jvt