Beerankoya Haji vs Regional Transport Authority
2022 Latest Caselaw 5599 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
            THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
                             WP(C) NO. 16990 OF 2022
PETITIONERS:

     1        BEERANKOYA HAJI.,
              S/O. MOHAMMED, MKB HOUSE, P.O. CHELEMBRA,
              MALAPPURAM - 673 631

     2        MUHAMMEDKUTTY,
              S/O. UNNEEN, THOPPASSERY HOUSE, PUTTATHADAM, VALIYAPARAMBA,
              P.O., PULLICKAL, MALAPPURAM - 673 637

              BY ADV K.V.GOPINATHAN NAIR



RESPONDENTS:

     1        REGIONAL TRANSPORT AUTHORITY,
              MALAPPURAM, REPRESENTED BY ITS SECRETARY, CIVIL STATION ROAD,
              UPHILL, MALAPPURAM - 676 505.

     2        THE SECRETARY,
              REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, CIVIL STATION ROAD,
              UPHILL, MALAPPURAM - 676 505.


OTHER PRESENT:

              SRI.BIMAL K. NATH, SR. GOVT. PLEADER




     THIS     WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                       SATHISH NINAN, J.
             = = = = = = = = = = = = = = = = = =
                   W.P.(C) No.16990 of 2022
             = = = = = = = = = = = = = = = = = =
             Dated this the 26th day of May, 2022

                            J U D G M E N T

First petitioner is the holder of a regular permit.

The permit was valid up to 04.08.2020. He filed

application seeking renewal of the permit. Pending

consideration of the renewal application, petitioners 1

and 2 filed Ext.P1 joint application seeking transfer of

permit to the second petitioner. The applications were

boarded for consideration by the authority in its

meeting held on 15.01.2022 as item Nos.10 and 167. In

the meeting, the application for renewal of permit was

granted. However, the joint application for transfer was

adjourned for want of re-validation of the regular

permit. The petitioners seek for expeditious orders on

Ext.P1 joint application.

2. As evidenced by Ext.P4, a re-validated permit

has been issued. The permit is valid up to 04.08.2025.

Both the petitioners have been put on notice on the W.P.(C) No.16990 of 2022

applications. In the light thereof, orders are to be

passed on Ext.P1 joint application.

Accordingly, the writ petition is disposed of

directing the authority to consider and pass orders on

Ext.P1 joint application as expeditiously as possible

and at any rate within a period of one month from the

date of receipt of a copy of this judgment. It is made

clear that it shall be open for the authority, in the

circumstances as noticed first above, to have orders

passed by circulation in terms of Rule 130 of the Kerala

Motor Vehicles Rules, 1989.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 16990/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JOINT APPLICATION SUBMITTED BY THE PETITIONERS DATED 24.2.2020

Exhibit P2 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P. (C) NO. 2344 OF 2021 DATED 11.2.2021

Exhibit P3 TRUE COPY OF THE DECISION OF THE RESPONDENT DATED 15.4.2022

Exhibit P4 TRUE COPY OF THE REGULAR PERMIT VALID UPTO

-4.8.2025

Exhibit P5 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONERS DATED 19.5.2022

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