Benazeer Riyas vs The Secretary, Regional ...
2022 Latest Caselaw 5105 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
       FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
                        WP(C) NO. 15213 OF 2022


PETITIONER :-

          BENAZEER RIYAS
          AGED 42 YEARS
          S/O. KUNHAYANKUTTY, RIYAS MANZIL, NADUVANNUR,
          KOYILANDY, KOZHIKODE-673 572

          BY ADV I.DINESH MENON



RESPONDENT :-

          THE SECRETARY, REGIONAL TRANSPORT AUTHORITY
          KODUVALLY, KODUVALLY P.O., KOZHIKODE-673 572

          BY VIDYA KURIAKOSE, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15213 OF 2022
                                   2

                              JUDGMENT

The petitioner approached this Court seeking a direction

to the respondent to consider Exts.P4 and P6 applications for

renewal of Ext.P2 permit and for issuing a temporary permit

respectively. The said applications have not been considered,

according to the petitioner, on the ground that the petitioner is not a

person in whose favour Ext.P2 permit has been issued.

2. The learned counsel for the petitioner submits that the

issue stands covered by Ext.P5 judgment of this Court, where this

Court has taken the view that the person can apply for renewal of

permit pending formal transfer of the vehicle and permit in favour of

him. It is seen from Ext.P1 that there is an agreement for transfer of

vehicle and permit in favour of the petitioner. However that

agreement seems to have expired by efflux of time.

3. The learned counsel for the petitioner states that the

petitioner is still on possession of the vehicle and that the respondent

may be directed to consider the application made by the petitioner,

on the petitioner producing proof of holding the vehicle in question

under a valid agreement.

4. Having regard to the facts and circumstances of the case,

the writ petition is disposed of directing the respondent to consider WP(C) NO. 15213 OF 2022

and pass orders on Exts.P4 and P6, taking note of Ext.P5 judgment,

on the petitioner producing sufficient proof that he holds the vehicle

under a valid agreement with the owner of the vehicle. This shall be

done within 6 weeks of the date of receipt of a copy of the judgment. I

make it clear that I have not expressed any opinion on the merits of

the petitioner's claim.

Sd/-

GOPINATH P.

JUDGE SMA WP(C) NO. 15213 OF 2022

APPENDIX OF WP(C) 15213/2022

PETITIONER'S EXHIBITS :-

Exhibit P1 TRUE COPY OF THE AGREEMENT FOR SALE DATED 17.5.2019

Exhibit P2 TRUE COPY OF THE GOODS CARRIAGE PERMIT VALID TILL 23.4.2022

Exhibit P3 TRUE COPY OF THE R.C. PARTICULARS OF KL-

57-E-9076

Exhibit P4 TRUE COPY OF THE APPLICATION FOR RENEWAL OF GOODS CARRIAGE PERMIT DATED 27.4.2022 IN RESPECT OF VEHICLE BEARING REGISTRATION NO.KL-57-E-9076

Exhibit P5 TRUE COPY OF THE JUDGMENT IN W.P.C.NO.18517 OF 2020 DATED 21.1.2021

Exhibit P6 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT SUBMITTED BY THE PETITIONER DATED 27.4.2022