Beerankoya Haji vs The Secretary
2021 Latest Caselaw 5065 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

              THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942

                      WP(C).No.2344 OF 2021(P)


PETITIONER:

      1       BEERANKOYA HAJI
              AGED 85 YEARS
              S/O. MOHAMMED, MKB HOUSE,
              P.O. CHELEMBRA,
              MALAPPURAM DISTRICT.

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

              BY ADV. SRI.K.V.GOPINATHAN NAIR

RESPONDENT:

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


OTHER PRESENT:

              SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 w.p(c).2344/2021
                                     2




                              JUDGMENT

First petitioner is the holder of a regular permit in relation to a

stage carriage No.KL-10-AM-2001 which was valid upto 04.08.2020. First

petitioner proposed to transfer the permit from his name to that of the

second petitioner, for which, a joint application was submitted and that is

pending as Ext.P2. The renewal application is also pending now as

Ext.P3. The route distance is 137 km and according to his information,

prior concurrence of the sister authorities have also been obtained. The

grievance of the first petitioner is that, Exts.P2 and P3 applications have

not been taken up and disposed of in accordance with law. Opposing the

application, learned Senior Government Pleader submitted that, RTA

meetings could not be convened, in the existing situation.

2. Heard the learned counsel for the petitioners and the

objections raised by the learned Senior Government Pleader. I am

inclined to dispose of the Writ Petition itself by directing the respondent

herein to place the applications before the RTA along with the report, if

already called for by AMI, if already not obtained and the authority RTA

shall pass appropriate orders, as expeditiously as possible on the

application, within a period of six weeks from the date of receipt of a copy

of this judgment. If any tax arrears are due, that shall also be cleared. It w.p(c).2344/2021

is made clear that, if for any reason, RTA meeting could not be convened,

the authority may consider taking decision on the application by invoking

Rule 130 of the Kerala Motor vehicles Rules.

Writ Petition is disposed of as above.

Sd/-

                                                SUNIL THOMAS

Sbna                                               JUDGE
 w.p(c).2344/2021





                         APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE REGULAR PERMIT.

EXHIBIT P2           TRUE COPY OF THE APPLICATION FOR TRANSFER
                     OF PERMIT DATED 24.2.2020.

EXHIBIT P3           TRUE COPY OF THE APPLICATION FOR RENEWAL OF
                     PERMIT DATED 13.10.2020.