Ummer T.P vs The Regional Transport Authority
2023 Latest Caselaw 8098 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
         MONDAY, THE 31ST DAY OF JULY 2023 / 9TH SRAVANA, 1945
                       WP(C) NO. 23827 OF 2023
PETITIONERS:

     1      UMMER T.P.
            AGED 56 YEARS
            THORAKKATTIL PARAKKAL HOUSE,
            VATTAMANNAPPURAM P.O.,
            AIANALLUR - III,
            PALAKKAD, PIN - 678601
     2      BASHEER T.
            S/O UNNEEN HAJI,
            THACHAMPATTA HOUSE, KAPPU P.O.,
            THELAKKAD, PATTIKAD,
            VETTATHUR,
            MALAPPURAM, PIN - 679325

            BY ADV I.DINESH MENON


RESPONDENTS:

     1      THE REGIONAL TRANSPORT AUTHORITY
            REPRESENTED BY ITS SECRETARY,
            REGIONAL TRANSPORT OFFICE,
            CIVIL STATION P.O.,
            PALAKKAD, PIN - 678001
     2      THE SECRETARY,
            REGIONAL TRANSPORT AUTHORITY,
            REGIONAL TRANSPORT OFFICE,
            CIVIL STATION P.O.,
            PALAKKAD, PIN - 678001

            SMT. PARVATHY - GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 23827 OF 2023

                                    2




                             JUDGMENT

The 1st petitioner is the holder of Ext. P1 regular

permit. Since he is not in a position to continue the stage

carriage service, he wants to transfer Ext. P1 permit in

the name of the 2nd petitioner. Accordingly, Ext. P3 joint

application for transfer of permit was submitted before

the 1st respondent. The grievance of the petitioners is that

the said application is not so far considered by the 1 st

respondent.

2. I have heard the learned counsel for the

petitioners and the learned Government Pleader for the

respondents.

3. After hearing the learned counsel on both sides, I

think there can be a direction to dispose of Ext. P3 joint

application. Hence, this writ petition is disposed of in the

following manner:

WP(C) NO. 23827 OF 2023

1. The 1st respondent shall consider Ext. P3

joint application for transfer of Ext. P1 permit as

expeditiously as possible, at any rate, within a

period of two months from the date of receipt of a

certified copy of this judgment.

2. In case the meeting of the RTA is not

convened during the above period, the

respondents shall take necessary steps adopting

the method of circulation.

I make it clear that I have not considered the

matter on merits and the authority can pass

appropriate order, in accordance to law.

Sd/-

MURALI PURUSHOTHAMAN bnu JUDGE WP(C) NO. 23827 OF 2023

APPENDIX

PETITIONERS EXHIBITS Exhibit P1 A TRUE COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER DATED 24.06.2023 Exhibit P2 A TRUE COPY OF THE RC PARTICULARS OF THE VEHICLE KL 57 B 1539 DATED 25.04.2009 Exhibit P3 A TRUE COPY OF THE APPLICATION FOR TRANSFER SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENTS DATED 07.07.2023 Exhibit P4 A TRUE COPY OF THE JUDGMENT IN WP[C] NO.42877/2022 DATED 30.12.2022