Muhammed K M vs Regional Transport Authority
2021 Latest Caselaw 17143 Ker

W.P.(C).14936/2021
                                   1

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SUNIL THOMAS
     FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
                        WP(C) NO. 14936 OF 2021
PETITIONER/S:

      1      MUHAMED K M
             AGED 59 YEARS
             S/O KUNHIMOIDEEN MUSLIAR, KARUMBIL MIKACHA HOUSE,
             KARUMBIL, VENNIYOOR P.O.THIRURANGADI, MALAPPURAM
             DISTRICT

      2      JUVAIRIYA KARUMBIL MIKACHA,
             AGED 29 YEARS, D/O ABDULLA KARUMBIL MIKACHA, KARUMBIL
             MIKACHA HOUSE, KARUMBIL, VENNIYOOR P.O.THIRURANGADI,
             MALAPPURAM DISTRICT

             BY ADV SAJU J.VALLYARA



RESPONDENT/S:

      1      REGIONAL TRANSPORT AUTHORITY
             REPRESENTED BY ITS SECRETARY, CIVIL STATION,
             MALAPPURAM P.O.PIN-676 505, MALAPPURAM DISTRICT

      2      THE SECRETARY
             REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, CIVIL
             STATION, MALAPPURAM P.O.PIN-676 505, MALAPPURAM
             DISTRICT


OTHER PRESENT:

             SR.GP BIMAL K NATH




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).14936/2021
                                     2


                                JUDGMENT

First petitioner is the brother and second petitioner is the

daughter of the original permit holder. Original title holder died

evidenced by the Legal Heirship certificate produced as Ext.P5. Ext.P6

is the consent letter of the legal heirs agreeing to allot the permit in

the name of the first petitioner. Ext.P4 is the application for death

transfer of Ext.P1 permit. The grievance of the petitioner is that,

Ext.P4, application for transfer and the application for renewal

evidenced by Ext.P2 are still pending consideration.

2. Learned Senior Government Pleader, on instructions,

submitted that the transfer application can be considered, followed by

the application for renewal in accordance with law.

3. Having considered this, I am inclined to dispose of the Writ

Petition by directing the first respondent to take up Ext.P4 application,

after giving notice to all parties concerned and after giving reasonable

opportunity to raise their objection, in accordance with law, as

expeditiously as possible, at any rate, within a period of two months

from the date of receipt of a copy of this judgment. After the disposal

of Ext.P4, it shall be followed by consideration of Ext.P2 application

which shall also be considered as expeditiously as possible within the

above period. If for any reason, both applications cannot be taken up

for consideration, appropriate decision shall be taken by circulation,

invoking Rule 130 of the Motor Vehicles Rules provided an opportunity

of filing objections are given to the affected parties. W.P.(C).14936/2021

Writ Petition is disposed of as above.

Sd/-

SUNIL THOMAS JUDGE Sbna W.P.(C).14936/2021

APPENDIX OF WP(C) 14936/2021

PETITIONER EXHIBITS

Exhibit P1 PHOTOCOPY OF THE REGULAR PERMIT NO P.ST.10/6440/2004 ISSUED BY THE 32ND RESPONDENT TO ABDULLA KARIMBIL IN RESPECT OF VEHICLE KL-55-N-108

Exhibit P2 PHOTOCOPY OF THE APPLICATION FOR RENEWAL OF EXHIBIT P1 REGULAR PERMIT SUBMITTED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT ON 30.9.2019

Exhibit P3 PHOTOCOPY OF THE COVERING LETTER SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT ALONG WITH EXHIBIT P2 APPLICATION ON 20.9.2019

Exhibit P4 PHOTOCOPY OF THE APPLICATION FOR DEATH TRANSFER OF EXHIBIT P-1 REGULAR PERMIT SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT ON 2.3.2020

Exhibit P5 PHOTOCOPY OF THE LEGAL HEIRS SHIP CERTIFICATE ISSUED BY THE TAHSILDAR, THIRURANGADI ON 28.2.2020

Exhibit P6 PHOTOCOPY OF THE CONSENT LETTER SUBMITTED BY THE LEGAL HEIRS OF THE PERMIT HOLDER OF VEHICLE KL-55--N-108 BEFORE THE 2ND RESPONDENT DATED 5.3.2020

Exhibit P7 PHOTOCOPY OF THE REQUEST SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT ON 27.4.2021