IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
WP(C) NO. 15213 OF 2022
PETITIONER :-
BENAZEER RIYAS
AGED 42 YEARS
S/O. KUNHAYANKUTTY, RIYAS MANZIL, NADUVANNUR,
KOYILANDY, KOZHIKODE-673 572
BY ADV I.DINESH MENON
RESPONDENT :-
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY
KODUVALLY, KODUVALLY P.O., KOZHIKODE-673 572
BY VIDYA KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 15213 OF 2022
2
JUDGMENT
The petitioner approached this Court seeking a direction to the respondent to consider Exts.P4 and P6 applications for renewal of Ext.P2 permit and for issuing a temporary permit respectively. The said applications have not been considered, according to the petitioner, on the ground that the petitioner is not a person in whose favour Ext.P2 permit has been issued.
2. The learned counsel for the petitioner submits that the issue stands covered by Ext.P5 judgment of this Court, where this Court has taken the view that the person can apply for renewal of permit pending formal transfer of the vehicle and permit in favour of him. It is seen from Ext.P1 that there is an agreement for transfer of vehicle and permit in favour of the petitioner. However that agreement seems to have expired by efflux of time.
3. The learned counsel for the petitioner states that the petitioner is still on possession of the vehicle and that the respondent may be directed to consider the application made by the petitioner, on the petitioner producing proof of holding the vehicle in question under a valid agreement.
4. Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the respondent to consider WP(C) NO. 15213 OF 2022 3 and pass orders on Exts.P4 and P6, taking note of Ext.P5 judgment, on the petitioner producing sufficient proof that he holds the vehicle under a valid agreement with the owner of the vehicle. This shall be done within 6 weeks of the date of receipt of a copy of the judgment. I make it clear that I have not expressed any opinion on the merits of the petitioner's claim.
Sd/-
GOPINATH P.
JUDGE SMA WP(C) NO. 15213 OF 2022 4 APPENDIX OF WP(C) 15213/2022 PETITIONER'S EXHIBITS :-
Exhibit P1 TRUE COPY OF THE AGREEMENT FOR SALE DATED 17.5.2019 Exhibit P2 TRUE COPY OF THE GOODS CARRIAGE PERMIT VALID TILL 23.4.2022 Exhibit P3 TRUE COPY OF THE R.C. PARTICULARS OF KL-
57-E-9076 Exhibit P4 TRUE COPY OF THE APPLICATION FOR RENEWAL OF GOODS CARRIAGE PERMIT DATED 27.4.2022 IN RESPECT OF VEHICLE BEARING REGISTRATION NO.KL-57-E-9076 Exhibit P5 TRUE COPY OF THE JUDGMENT IN W.P.C.NO.18517 OF 2020 DATED 21.1.2021 Exhibit P6 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT SUBMITTED BY THE PETITIONER DATED 27.4.2022