Beerankoya Haji vs Regional Transport Authority

Citation : 2022 Latest Caselaw 5599 Ker
Judgement Date : 26 May, 2022

Kerala High Court
Beerankoya Haji vs Regional Transport Authority on 26 May, 2022
                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
            THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
                             WP(C) NO. 16990 OF 2022
PETITIONERS:

     1        BEERANKOYA HAJI.,
              S/O. MOHAMMED, MKB HOUSE, P.O. CHELEMBRA,
              MALAPPURAM - 673 631

     2        MUHAMMEDKUTTY,
              S/O. UNNEEN, THOPPASSERY HOUSE, PUTTATHADAM, VALIYAPARAMBA,
              P.O., PULLICKAL, MALAPPURAM - 673 637

              BY ADV K.V.GOPINATHAN NAIR



RESPONDENTS:

     1        REGIONAL TRANSPORT AUTHORITY,
              MALAPPURAM, REPRESENTED BY ITS SECRETARY, CIVIL STATION ROAD,
              UPHILL, MALAPPURAM - 676 505.

     2        THE SECRETARY,
              REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, CIVIL STATION ROAD,
              UPHILL, MALAPPURAM - 676 505.


OTHER PRESENT:

              SRI.BIMAL K. NATH, SR. GOVT. PLEADER




     THIS     WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                       SATHISH NINAN, J.
             = = = = = = = = = = = = = = = = = =
                   W.P.(C) No.16990 of 2022
             = = = = = = = = = = = = = = = = = =
             Dated this the 26th day of May, 2022

                            J U D G M E N T

First petitioner is the holder of a regular permit. The permit was valid up to 04.08.2020. He filed application seeking renewal of the permit. Pending consideration of the renewal application, petitioners 1 and 2 filed Ext.P1 joint application seeking transfer of permit to the second petitioner. The applications were boarded for consideration by the authority in its meeting held on 15.01.2022 as item Nos.10 and 167. In the meeting, the application for renewal of permit was granted. However, the joint application for transfer was adjourned for want of re-validation of the regular permit. The petitioners seek for expeditious orders on Ext.P1 joint application.

2. As evidenced by Ext.P4, a re-validated permit has been issued. The permit is valid up to 04.08.2025. Both the petitioners have been put on notice on the W.P.(C) No.16990 of 2022 -: 2 :- applications. In the light thereof, orders are to be passed on Ext.P1 joint application.

Accordingly, the writ petition is disposed of directing the authority to consider and pass orders on Ext.P1 joint application as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of this judgment. It is made clear that it shall be open for the authority, in the circumstances as noticed first above, to have orders passed by circulation in terms of Rule 130 of the Kerala Motor Vehicles Rules, 1989.

Sd/-

SATHISH NINAN JUDGE kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 16990/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JOINT APPLICATION SUBMITTED BY THE PETITIONERS DATED 24.2.2020 Exhibit P2 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P. (C) NO. 2344 OF 2021 DATED 11.2.2021 Exhibit P3 TRUE COPY OF THE DECISION OF THE RESPONDENT DATED 15.4.2022 Exhibit P4 TRUE COPY OF THE REGULAR PERMIT VALID UPTO
-4.8.2025 Exhibit P5 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONERS DATED 19.5.2022
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