Fijas M.P vs The Regional Transport Authority
2021 Latest Caselaw 2457 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942

                       WP(C).No.868 OF 2021(G)


PETITIONERS:

      1        FIJAS M.P.
               AGED 34 YEARS
               S/O. MAMMED HAJI,
               SAL SABEED,
               ATHANIKKAL HOUSE,
               WEST HILL,
               KOZHIKODE-673005.

      2        K.M.CHATHUKUTTY,
               S/O.KUNHIKANNAN,
               THUNDIYIL HOUSE,
               PANOOR, ELANGOT,
               THALASSERY-670692.

               BY ADV. SRI.I.DINESH MENON

RESPONDENTS:

      1        THE REGIONAL TRANSPORT AUTHORITY
               KANNUR, CIVIL STATION P.O.,
               KANNUR-670001.

      2        THE SECRETARY,
               REGIONAL TRANSPORT AUTHORITY,
               KANNUR,
               CIVIL STATION P.O.,
               KANNUR-670001.


               SR.GP BIMAL K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.868 OF 2021

                                       2




                                 JUDGMENT

Dated this the 21st day of January 2021

The petitioner herein is the holder of a regular

permit in respect of a stage carriage. Since it was felt

that, the first petitioner was not in a position to look

after the service, he indented to transfer the vehicle in

the name of the second petitioner. Accordingly, a joint

application for transfer of the permit was submitted as

Ext.P2.

The grievance of the petitioners herein is that, the

above application is not taken up and considered in spite

of considerable delay.

After hearing the learned counsel for the

petitioners and the learned senior Government Pleader, I

am inclined to dispose of the writ petition itself by

directing the first respondent, to take up Ext.P2

application, as expeditiously as possible, at any rate,

within a period of six weeks from the date of receipt of

a copy of this judgment and to dispose it of after giving

a reasonable opportunity to all concerned to raise WP(C).No.868 OF 2021

objections, if any. If by any reason, the RTA meeting

could not be convened for reasons beyond the control of

the RTA, appropriate decision shall be taken by invoking

provision under Rule 130 of the Kerala Motor Vehicle

Rules.

Sd/-

                                  SUNIL THOMAS
                                         JUDGE


Jms                            //True Copy// P.A to Judge
 WP(C).No.868 OF 2021





                             APPENDIX
PETITIONERS' EXHIBITS:

EXHIBIT P1             TRUE EXTRACT OF THE REGULAR PERMIT IN THE

NAME OF THE FIRST PETITIONER DATED 19.1.2019.

EXHIBIT P2 TRUE COPY OF THE JOINT APPLICATION FOR TRANSFER DATED 20.3.2020.

EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WP(C) NO.17238/2020 DATED 21.8.2020.

//True Copy// P.A to Judge