Lijo.K.Jose vs The Regional Transport Authority

Kerala High Court

Lijo.K.Jose vs The Regional Transport Authority on 23 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
 THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                 WP(C) NO. 18308 OF 2024
PETITIONER:

         LIJO.K.JOSE
         AGED 34 YEARS, S/O. JOSE, KOPPARAMBIL,
         CHEMBU.P.O., KATTIKUNNU, KOTTAYAM DISTRICT,
         PIN - 686 608.

         BY ADV
              O.D.SIVADAS

RESPONDENTS:

    1    THE REGIONAL TRANSPORT AUTHORITY,
         CIVIL STATION, KOTTAYAM, REPRESENTED BY ITS
         SECRETARY,, PIN - 686 002.

    2    THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
         CIVIL STATION, KOTTAYAM,, PIN - 686 002.

    3    JOSEPH MATHEW
         S/O. A.J.MATHEW, THADATHIL, KULAYETTIKARA,
         ARAYAMKAVU, ERNAKULAM DISTRICT,
         PIN - 682 317.

         BY
               SREEJITH V.S, GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 23.05.2024, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.18308 of 2024
                                  :2:



                            JUDGMENT

Dated this the 23rd day of May, 2024 The petitioner is the holder of a Regular Permit in respect of Stage Carriage bearing registration No.KL-11X-6525, which is valid up to 19.02.2028. The petitioner wants transfer of permit in the name of the 3rd respondent. The petitioner and the 3rd respondent have submitted Ext.P2 joint application for the said purpose. The grievance of the petitioner is that the 1 st respondent-Regional Transport Authority has not yet considered Ext.P2 application.

2. Heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 and 2.

3. Ext.P2 application submitted by the petitioner and the 3rd respondent is a statutory application falling within the ambit of the Motor Vehicles Act. The competent authority therefore has to consider the same within a reasonable time. W.P.(C) No.18308 of 2024 :3:

In the facts and circumstances of the case, the writ petition is disposed of directing the 1 st respondent-Regional Transport Authority to take a decision on Ext.P2 application submitted by the petitioner and the 3rd respondent, at the earliest and at any rate, within a period of four weeks from the date of receipt of certified copy of this judgment. If no physical meeting is scheduled, the decision shall be taken by circulation of papers.

Sd/-

N. NAGARESH JUDGE AMR W.P.(C) No.18308 of 2024 :4: APPENDIX OF WP(C) 18308/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE REGULAR PERMIT DATED 1.03.2023 ISSUED IN RESPECT OF STAGE CARRIAGE NO.KL 11/X 6525.

Exhibit P2 TRUE COPY OF THE JOINT APPLICATION SUBMITTED FOR TRANSFER OF PERMIT DATED 15/03/2024.

Exhibit P3 TRUE COPY OF THE JUDGMENT IN WP(C) NO.

13873 OF 2024 DATED 4.04.2024 RENDERED BY THIS HON'BLE COURT.