Alias E.M vs Secretary
2022 Latest Caselaw 6169 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE AMIT RAWAL
         WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
                         WP(C) NO. 17204 OF 2022
PETITIONERS:

     1        ALIAS E.M.
              EDAYATHUPARAYIL HOUSE, PIRAVOM P.O,
              ERNAKULAM - 686664.

     2        M.H. SIDHIK,
              MARATTIKKUNNEL HOUSE, THODUPUZHA P.O, IDUKKI - 685564.

              BY ADV I.DINESH MENON


RESPONDENT:

              SECRETARY,
              REGIONAL TRANSPORT AUTHORITY,
              REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O,
              KAKKANAD, ERNAKULAM - 682030.

              SRI.V.K.SUNIL GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 17204 OF 2022
                               2


                          JUDGMENT

It is a classic case of the high-handedness at the hands of

the Regional Transport Authority (RTA), Ernakulam of having

not accepted the request of the petitioner No.1 for surrendering

the permit issued for running the transport vehicle bearing

No.KL-17 S 5315 submitted in accordance with the Rule 217 of

the Kerala Motor Vehicle Rules, 1989.

2. Learned counsel appearing on behalf of the

petitioners submitted that the withdrawal notice was submitted

to the RTA on 22.04.2022. As and when such one month notice

expressing the intention to surrender the permit is received by

the office of the transport authority, the authority shall post

copy of the notice on the notice board of the authority. It is

contended that after expiry of 19 days the notice was published.

The vehicle in question has already been sold to petitioner No.2

on 22.04.2022 but petitioner No.1 has to perform the marriage

of his daughter and the balance consideration would be received

only when the appropriate order is passed under Rule 217. It is WP(C) NO. 17204 OF 2022

contended that the certificate in this regard has to be issued as

per the judgment of this Court in Ummer P. v. Regional

Transport Authority, Malappuram and Another [2011 (2)

KHC 372], but for want of the certificate predicament of the

petitioner No.1 is writ large.

3. Sri.Justin Jacob, learned Government Pleader accepts

notice and submits that the intention of withdrawing the permit

ought to have been published immediately on receipt of such

notice. Publishing of the same on 12.05.2022 cannot be

attributed as a delay on the part of the RTA as the application

was required to be examined after verification of the record.

4. I have heard the learned counsel for the parties and

appraised the paper book.

5. Since 30 days had already expired on 22.5.2022 the

lapse on the part of the authority in not publishing the notice in

strict compliance Rule 217 cannot be attributed to be fault of

the 1st petitioner who was in dire need of money for the

performance of the marriage of his daughter. WP(C) NO. 17204 OF 2022

For the reason aforementioned, I allow the writ petition by

issuing direction to respondent No.1 to issue certificate of

surrender within a period of three days from today as the period

of 30 days expressing intention to surrender the permit in

respect of the vehicle aforementioned is already over on

21.05.2022.

Sd/-

AMIT RAWAL JUDGE nak WP(C) NO. 17204 OF 2022

APPENDIX OF WP(C) 17204/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PERMIT ISSUED TO THE PETITIONER DATED 01.11.2021.

Exhibit P2 TRUE COPY OF THE RC BOOK OF THE VEHICLE KL-17 S 5315.

Exhibit P3 TRUE COPY OF THE AGREEMENT OF SALE DATED 23.04.2022.

Exhibit P4 TRUE COPY OF THE REQUEST OF THE PETITIONER DATED 22.04.2022.