WP(C) No.20405/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
Thursday, the 23rd day of June 2022 / 2nd Ashadha, 1944
WP(C) NO. 20405 OF 2022 (A)
PETITIONER:
RAMANI, W/O LATE NARAYANAN, AGED 65 YEARS, THALAKKAT HOUSE, THUYYAM,
EDAPPAL, MALAPPURAM.
RESPONDENTS:
1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM COLLECTORATE
P.O., UPHILL, MALAPPURAM-676505.
2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD, COLLECTORATE
P.O., PALAKKAD - 678001.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to issue an interim stay of operation of Ext.P9 order to the
extent it directs petitioner to produce other documents other than Village
Officer's Certificate, so as to enable the Secretary, RTA, Malappuram to
endorse the transfer of permits on the routes Kadavanad-Puthanpally,
Edappal - Veliyamcode, Ponnani-Chelakkadavu and Kumbidi-Palakkad to the
name of the petitioner.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.I.DINESH MENON, Advocate for the petitioner, the court passed the
following:
WP(C) No.20405/2022 2/4
MURALI PURUSHOTHAMAN, J.
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W.P.(C).No.20405 of 2022
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Dated this the 23rd day of June, 2022
ORDER
Pursuant to Ext.P8 judgment, the petitioner submitted Family Membership certificate for transfer of regular permits in the name of the petitioner. She has produced Ext.P6 Family Membership certificate before the 1 st respondent. However, without considering the Family Membership certificate, the 1st respondent has directed the petitioner to produce any other documents to substantiate her claim with regard to possession of the vehicle other than Family Membership certificate. The petitioner submits that the said stand of the 1st respondent is contrary to the dictum laid down by this Court in the decision recorded in Bhagyalakshmy P. Vs. Secretary, Regional Transport Authority 2010 KHC 437 and judgment of this Court in OP.No.10465/1993 dated 26.11.1993.
WP(C) No.20405/2022 3/4 WP(C) No.20405 of 2022 2 In the light of the dictum laid down in the said judgment, there will be a direction to the 1 st respondent to take up application for transfer of regular permit and pass appropriate orders thereon within a period of three weeks.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
AJ
23-06-2022 /True Copy/ Assistant Registrar
WP(C) No.20405/2022 4/4
Exhibit P6 TRUE COPY OF THE FAMILY MEMBERSHIP CERTIFICATE DATED
13.12.2019.
Exhibit P8 TRUE COPY OF THE IN WP(C) NO.1835/2020 DATED 23.1.2020.
Exhibit P9 TRUE COPY OF THE PROCEEDINGS DATED 15.01.2022.