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1991 DIGILAW 326 (KER)

M. v. Valsalan VS Secy R T A

1991-07-31

K.SREEDHARAN

body1991
JUDGMENT K. Sreedharan, J. 1. Petitioner is the owner or stage carriage, bearing registration No. KRN 5767. Regional Transport Authority, Kannur granted a regular permit to operate on the route Pariyaram T. B. Sanitarium - Kannur H. O. Hospital, in respect of that vehicle. As the route was not profitable, petitioner submitted an application on 4-3-1991 to surrender the permit. It is further stated by the petitioner that he infact surrendered the permit on 4-3-1991. Respondent did not take any step to give a permit-less certificate for the above vehicle. Inspite of many requests made to the respondent, he did not give any reply either. Hence this Original Petition. 2. When this Original Petition came up for admission on 27-7-1991, a copy of the same was served on the learned Government Pleader. He was directed to instruction. According to him, in view of the decisions of this Court in O. P. 3380/1990, O. P. 7408/1991 and the reported decision in Premrajan v. R. T. O., Kannur. 1990 (2) KLT 648 , respondent is bound to issue a "permitless Certificate" in respect of the petitioner's vehicle. 3. Rule 183 of the Kerala Motor Vehicles Rules, 1989 allows the holder of a permit to surrender it to any Transport Authority at any time. On such surrender, the permit shall be deemed to have been cancelled with effect from the date of such surrender. It therefore follows that the moment the permit holder surrenders the permit, it cease to have any validity. No further action by the Transport Authority is contemplated in the matter. For withdrawal of bus from Service, as per R.217, the holder of the permit, unless prevented by unavoidable circumstances, should give atleast one month's notice of his intention to withdraw from the route to the Transport Authority, which issued the permit. After the expiry of that period of notice, the permit holder shall surrender the permit. On receipt of the notice, the Transport Authority should post a copy of the notice on the notice board of that authority, Apart from that, the authority is net to take any action on the notice for withdrawal. In other words, the authority is not to grant permission to the holder of the permit to withdraw from service. Nor can the Transport Authority refuse the holder of the permit to withdraw from the route. In other words, the authority is not to grant permission to the holder of the permit to withdraw from service. Nor can the Transport Authority refuse the holder of the permit to withdraw from the route. Thus, a holder of a permit if surrenders it or withdraws from service after giving one month's notice, will have the permit cancelled with effect from the date of surrender, or on the expiry of the period of notice when he surrenders the permit, as the case may be. In the instant case, the petitioner, it is claimed, surrendered the permit on 4-3-1991. If that be the case, with effect from that date, the permit should be deemed to have been cancelled. The factum of cancellation should have been noted by the respondent. Since the permit stands automatically cancelled with effect from 4-3-1991, petitioner's prayer for issue of permitless certificate should have been granted by the respondent without any delay. This having not been done, I direct the respondent to issue the certificate without any delay. The original Petition is disposed of in the above terms.