Rahees K. R vs Regional Transport Authority
2021 Latest Caselaw 8833 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942

                       WP(C).No.5671 OF 2021(H)


PETITIONERS:

      1        RAHEES K. R.
               AGED 34 YEARS
               S/O. RAHIM, H. NO.21/1339 B, KOPLI HOUSE,
               PERUMPADAPPU, PALLURUTHY, KOCHI - 682 006.

      2        RAKESH V. P.
               AGED 40 YEARS
               S/O. VETTIKKAD PUSHKARAN, VETTIKKADU, PERUMPADAPPU,
               PALLURUTHY, PALLURUTHY S. O., ERNAKULAM - 682 006.

               BY ADVS.
               SHRI.K.S.SREERAJ
               SRI.M.C.VARGHESE
               SRI.J.RAMKUMAR
               SRI.P.J.JOSEPH JOHN
               SHRI.SYAM K.P.
               SMT.SUJITHRA M.S

RESPONDENTS:

      1        REGIONAL TRANSPORT AUTHORITY
               KAKKANAD, ERNAKULAM, REPRESENTED BY ITS SECRETARY.

      2        REGIONAL TRANSPORT OFFICER
               KAKKANAD, ERNAKULAM.


OTHER PRESENT:

               SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5671 OF 2021(H)

                                    2




                            JUDGMENT

Dated this the 17th day of March 2021

The first petitioner is the owner of a bus bearing No.

KL-05AB-2446 plying in the route Aluva - Fort Kochi.

The stage carriage permit was obtained as per Ext.P2

order. Due to financial difficulty, he entered into an

agreement with the second petitioner to transfer the

permit to his name. Accordingly, an application was

submitted by them as Ext.P5. The grievance of the

petitioner is that the application is pending since

08.01.2021. No order has been passed by the authority.

2. When the matter was taken up, the learned

Counsel for the petitioner submitted that the vehicle is

under hypothecation with one Sakti Finance. It is also

seen from the records that the fitness certificate has

expired in 2020, tax arrears is due and the prescribed

fee for filing the joint application has also not been

submitted.

WP(C).No.5671 OF 2021(H)

3. Having considered the limited prayer sought by

the petitioners herein, I am inclined to direct the

authority to take up and consider Ext.P5 application, as

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

six weeks from completion of all the three above

requirements namely, fitness certificate, discharge of the

tax arrears and deposit of the necessary fee, the

authority shall take up the matter and consider the joint

application on merits and also after obtaining report from

RTO Mattancheri, regarding the financial stability of the

second petitioner as expeditiously as possible, at any

rate, within a period of six weeks.

4. In case there is no chance of the RTA meeting

being convened within the above period, final decision

shall be taken by circulation by adopting Rule 130 of the

Kerala Motor Vehicles Rules, within the above period

Accordingly, the writ petition is disposed of.

Sd/-

SUNIL THOMAS

JUDGE SKP/17-3 WP(C).No.5671 OF 2021(H)

APPENDIX PETITIONERS'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE VEHICLE BEARING NO.KL- 05-AB-2446.

EXHIBIT P2 TRUE COPY OF THE STAGE CARRIAGE PERMIT ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER.

EXHIBIT P3 TRUE COPY OF THE AGREEMENT DATED 15.10.2020 ENTERED INTO BETWEEN THE 1ST PETITIONER AND THE 2ND PETITIONER.

EXHIBIT P4 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 11.12.2020 ISSUED BY THE SAKTHI FINANCE LTD. IN FAVOUR OF THE 1ST PETITIONER.

EXHIBIT P5 TRUE COPY OF THE JOINT APPLICATION SUBMITTED BY THE 1ST AND 2ND PETITIONER BEFORE THE 1ST RESPONDENT.

RESPONDENTS'S EXHIBITS:NIL

TRUE COPY P.A. TO JUDGE