Ramani vs The Secretary
2022 Latest Caselaw 7300 Ker

WP(C) No.20405/2022                        1/4

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                      THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
              Thursday, the 23rd day of June 2022 / 2nd Ashadha, 1944
                            WP(C) NO. 20405 OF 2022 (A)
   PETITIONER:

          RAMANI, W/O LATE NARAYANAN, AGED 65 YEARS, THALAKKAT HOUSE, THUYYAM,
          EDAPPAL, MALAPPURAM.

   RESPONDENTS:

      1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM COLLECTORATE
         P.O., UPHILL, MALAPPURAM-676505.
      2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD, COLLECTORATE
         P.O., PALAKKAD - 678001.


        Writ petition (civil) praying inter alia that in the circumstances
   stated in the affidavit filed along with the WP(C) the High Court be
   pleased to issue an interim stay of operation of Ext.P9 order to the
   extent it directs petitioner to produce other documents other than Village
   Officer's Certificate, so as to enable the Secretary, RTA, Malappuram to
   endorse the transfer of permits on the routes Kadavanad-Puthanpally,
   Edappal - Veliyamcode, Ponnani-Chelakkadavu and Kumbidi-Palakkad to the
   name of the petitioner.


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of WP(C) and upon hearing the arguments of
   SRI.I.DINESH MENON, Advocate for the petitioner, the court passed the
   following:
 WP(C) No.20405/2022                            2/4




                              MURALI PURUSHOTHAMAN, J.
                             ---------------------------------
                                   W.P.(C).No.20405 of 2022
                              ---------------------------------
                           Dated this the 23rd day of June, 2022

                                             ORDER

Pursuant to Ext.P8 judgment, the petitioner submitted

Family Membership certificate for transfer of regular permits

in the name of the petitioner. She has produced Ext.P6

Family Membership certificate before the 1 st respondent.

However, without considering the Family Membership

certificate, the 1st respondent has directed the petitioner to

produce any other documents to substantiate her claim with

regard to possession of the vehicle other than Family

Membership certificate. The petitioner submits that the said

stand of the 1st respondent is contrary to the dictum laid

down by this Court in the decision recorded in

Bhagyalakshmy P. Vs. Secretary, Regional Transport

Authority 2010 KHC 437 and judgment of this Court in

OP.No.10465/1993 dated 26.11.1993.

WP(C) No.20405/2022 3/4

WP(C) No.20405 of 2022

In the light of the dictum laid down in the said

judgment, there will be a direction to the 1 st respondent to

take up application for transfer of regular permit and pass

appropriate orders thereon within a period of three weeks.

Sd/-

                                                 MURALI PURUSHOTHAMAN
                                                         JUDGE
         AJ




23-06-2022                        /True Copy/                    Assistant Registrar
 WP(C) No.20405/2022                 4/4


Exhibit P6            TRUE COPY OF THE FAMILY MEMBERSHIP CERTIFICATE DATED
                      13.12.2019.
Exhibit P8            TRUE COPY OF THE IN WP(C) NO.1835/2020 DATED 23.1.2020.
Exhibit P9            TRUE COPY OF THE PROCEEDINGS DATED 15.01.2022.