Judgment :- Petitioner to whom a permit was granted by the Regional Transport Authority (for short 'the Transport authority') to operate bus service with a stage carriage on a particular route, has surrendered the permit. His grievance is that the Transport Authority has not so far passed any orders on his application surrendering the permit, Hence he has filed this Original Petition for a writ of mandamus or such other appropriate writ, direction or order to the Transport Authority to accept surrender of permit and also to issue a certificate to the effect that the vehicle is not covered by any permit. 2. Petitioner was operating bus service with stage carriage KRC 6471 on the route Thalassery - Edakkanam. He found the service uneconomical. Hence he wanted to withdraw the service from the said route. He gave intimation to the Secretary of the Transport Authority which issued the permit and surrendered the permit. Ext.P1 is the application made by him mentioning the fact of surrender and requesting him to accord the surrender and to issue a certificate that the vehicle is not covered by a route permit. 3. Is it incumbent on the 2nd respondent to pass orders on the said application? Can the 2nd respondent issue the certificate requested for by the petitioner? These are the two questions which require answers in this Original Petition. 4. S.72 of the Motor Vehicles Act, 1988 (for short 'the Act') empowers the Transport Authority to grant, stage carriage permit on the application made to it under S.70 of the Act, with or without modifications. The permit so granted may contain such conditions as the Transport Authority imposes, according to law. The service on the route can be operated only in accordance with the permit and the conditions thereon. The holder of a permit has the obligation to conduct service so long as he holds the permit. Such permit shall be effective, without renewal, for a period of five years. It is open to the Transport Authority to renew the permit for a further period if the permit holder makes an application to the Transport Authority in that behalf. But he cannot transfer the permit to another person without permission of the Transport Authority. Such permit shall be effective, without renewal, for a period of five years. It is open to the Transport Authority to renew the permit for a further period if the permit holder makes an application to the Transport Authority in that behalf. But he cannot transfer the permit to another person without permission of the Transport Authority. If the holder of the permit dies, his successor who gets possession of the vehicle shall be entitled to operate the permit for three months on the strength of the same permit. The Transport Authority which granted the permit has also the power to cancel or suspend the same as per S.86 of the Act. These are the salient features relating to the grant of stage carriage permit. 5. What should aholder do if he does not want to operate the permit? (Unless he transfers the same after obtaining the permission of the Transport authority). R.217 of the Kerala Motor Vehicles Rules, 1989 (for short 'the rules') enjoins a duty on him to give one month's notice to the Transport Authority which issued the permit, of his intention to withdraw from service. On receipt of such a notice, the Transport Authority has to publish a copy of it on the notice board of the office. This is evidently to enable others to have advance knowledge that the particular stage carriage would be off that route after a month. Such notice is intended to help passengers and also persons interested in applying for a permit on the same route. R.217 further provides that the holder of a permit who proposes to withdraw from service, after giving the notice, shall surrender the permit on the date from which he withdraws from service. R.183 of the Kerala Rules reads thus: "Permit-cancellation on surrender.--(1) The holder of a permit may at any time surrender it to any Transport Authority and thereupon the permit shall be deemed to have been cancelled with effect from the date of such surrender. (2) Where the Transport Authority to which the permit has been surrendered for cancellation is not the authority which issued the permit, such authority shall forthwith forward the permit to the Transport Authority which issued the permit". This should be read along with R.217 of the Rules. A permit holder cannot surrender the permit without giving one month's notice as provided in R.217. This should be read along with R.217 of the Rules. A permit holder cannot surrender the permit without giving one month's notice as provided in R.217. A permit shall be deemed to have been cancelled with effect from the date of surrender only if it was preceded by the notice. If he surrenders the permit without giving any such notice, it is open to the Transport Authority to refrain from recognising the surrender. But if the surrender is made after giving notice as provided in R.217, the Transport Authority need not pass any formal order, cancelling the permit. However, it is only proper that the Transport Authority, which declines to accept the surrender for want of due notice, informs the permit holder that the surrender is not acceptable as the same was not done in accordance with law. 6. It is true that there is no provision in the Act or Rules casting any obligation on the Transport Authority to issue a certificate to the permit holder upon surrender of the permit. However, such a certificate may be necessary in certain contingencies. One such contingency can be read in R.58 of the Central Motor Vehicles Rules, 1989 (for short 'the Central rules'). The said rule has been prescribed to effectuate the issuance of "no objection certificate" as envisaged in S.48 of the Act. When the owner of a motor vehicle who applies for assignment of a new registration mark or when a motor vehicle is to be transferred by its owner, he has to get certificate from the registering authority to the effect that the registering authority has no objection in the matter. Such certificate is called "No Objection Certificate". R. 58 provides that an application for the issue of no objection certificate shall be accompanied by, inter alia, documentary evidence that the vehicle is not covered by any permit issued by any Transport Authority. Documentary evidence which the owner of a vehicle could normally produce, along with the application, is a memorandum or certificate or any such record issued by the Transport Authority which cancelled the permit indicating that the vehicle has been relieved of the permit. Even if there is no specific provision or rule to grant such a record or certificate, the Transport Authority will do well by issuing such a certificate. Even if there is no specific provision or rule to grant such a record or certificate, the Transport Authority will do well by issuing such a certificate. This would help a person to comply with the requirements when he has to file application under S.48 of the Act. This Original Petition is disposed of with a direction to the Secretary of the Transport Authority who is the second respondent to pass appropriate orders on Exts.P1 and P2 within one month from the date ofn receipt of a copy of this judgment, in the light of the observations made above. Original Petition is disposed of in the above terms.