Kerala High Court
Sreelatha Nair vs Regional Transport Authority on 23 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942
WP(C).No.3651 OF 2021(F)
PETITIONERS:
1 SREELATHA NAIR, AGED 45 YEARS
W/O. JAYAKUMAR DF-8, F230,
PANDIT COLONY,
KOWDIAR P.O.
THIRUVANANTHAPURAM.
2 MUHAMMED SHEREEF B,
RAGAM MANZIL,
PANACHAMOODU P.O.
VELLARDA,
THIRUVANANTHAPURAM .
BY ADV. SRI.K.V.GOPINATHAN NAIR
RESPONDENTS:
1 REGIONAL TRANSPORT AUTHORITY
THIRUVANANTHAPURAM,
REPRESENTED BY THE SECRETARY,
IST FLOOR, TRANSPORT BHAVAN,
EAST FORT, THIRUVANANTHAPURAM FORT,
THIRUVANANTHAPURAM 695 023.
2 SECRETARY REGIONAL TRANSPORT AUTHORITY,
THIRUVANANTHAPURAM,
IST FLOOR, TRANSPORT BHAVAN EAST FORT,
THIRUVANANTHAPURAM FORT,
THIRUVANANTHAPURAM 695 023.
OTHER PRESENT:
SR.GP K.P HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).3651/2021
2
JUDGMENT
First petitioner is the holder of a regular permit operating in
Ulloor-Ulloor circular which is valid up to 04.12.2022. Petitioner
proposed to transfer vehicle with RC to the second petitioner and
accordingly, joint application was filed under Section 82 of the Motor
Vehicles Act. The grievance of the petitioners is that, even after
considerable delay, no orders have been passed on the above
application.
2. On instructions, learned Senior Government Pleader
submitted that the matter was placed before the RTA along with the
report received. Two persons objected alleging that the permit was
allotted in the quota of ex-service men and as per the Rules, it can be
transferred only to another ex-service man. In the light of the above
objection, the matter was adjourned without passing any final order.
However, it was undertaken that, on the basis of further report, a re-
evaluation can be conducted in the next RTA meeting.
3. Having appreciated these facts, I am inclined to dispose of
the Writ Petition itself with a direction that the first respondent shall
take up the application, as expeditiously as possible and after giving a
reasonable opportunity of being heard to the objectors, pass final orders
on Ext.P2, at any rate, within a period of six weeks from the date of
receipt of a copy of this judgment. If, for any reason beyond the control
W.P(C).3651/2021
of the first respondent, meeting cannot be held, procedure under Rule
130 of the Kerala Motor Vehicles Rules shall be adopted.
Writ Petition is disposed of as above.
Sd/-
SUNIL THOMAS
Sbna JUDGE
W.P(C).3651/2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REGULAR PERMIT.
EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR TRANSFER
OF PERMIT DATED 15/5/19.
