Shahaneesh Babu T vs The Secretary
2023 Latest Caselaw 6706 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR.JUSTICE C.S.DIAS

      TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945

                       WP(C) NO. 18600 OF 2023

PETITIONER:

          SHAHANEESH BABU T., AGED 37 YEARS, S/O LATE ALIKUTTY @
          BABU, THURACKAL HOUSE, [RAINBOW NIVAS], KUTTIPPURAM
          P.O., NEAR CIVIL STATION, MALAPPURAM., PIN - 679571

          BY ADV I.DINESH MENON


RESPONDENTS:

          THE SECRETARY
          REGIONAL TRANSPORT AUTHORITY, REGIONAL TRANSPORT
          OFFICE, CIVIL STATION P.O., MALAPPURAM., PIN - 676505



          GP SRI SREEJITH V S


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18600 OF 2023           :: 2 ::




                           JUDGMENT

Dated this the 20th day of June 2023

The writ petition is filed to direct the respondent to

consider and dispose of Exts.P4 and P12 applications

submitted by the petitioner expeditiously.

2. The petitioner's case is that his father

Sri.Alikutty @ Babu was the holder of a regular permit

in respect of a stage carriage bearing Reg.No.KL 04 N

476. The permit was valid till 4.01.2021. An

application was submitted for the renewal of the

permit. While so, his father died on 18.11.2022. The

petitioner has inherited the vehicle. The wife and the

other siblings of late Alikutty @ Babu have submitted

their no objection to transfer the permit in favour of the

petitioner. Hence, the petitioner has submitted Exts.P4

and P12 applications, to transfer the permit to his name

and for grant of temporary permit, respectively.

Eventhough       Exts.P4    and     P12     were      submitted   on
 WP(C) NO. 18600 OF 2023              :: 3 ::

12.5.2023, they are pending consideration before the

respondent. The petitioner is apprehensive that, unless

directed by this Court, the applications may not be

considered. Hence, the writ petition.

3. Heard; Sri.I.Dinesh Menon, the learned counsel

appearing for the petitioner and Sri.Sreejith.V.S., the

learned Government Pleader appearing for the

respondent.

4. The learned Government Pleader, on

instructions, submitted that the petitioner has not paid

the prescribed fee for considering Exts.P4 and P12

applications. Immediately on payment of the requisite

fees, the applications will be considered by the

respondent, in accordance with law.

Having considered the pleadings and materials on

record and taking note of the fact that Exts.P4 and P12

applications are pending consideration before the

respondent, I order the writ petition as follows:

WP(C) NO. 18600 OF 2023 :: 4 ::

(i) The respondent is directed to consider and dispose of Ext.P4 application in accordance with law and 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, after affording the petitioner an opportunity of being heard.

(ii) The respondent is also directed to consider and dispose of Ext.P12 application, in accordance with law and as expeditiously as possible, at any rate, within a period of four weeks from the date of receipt of a certified copy of this judgment, after affording the petitioner an opportunity of being heard.

(iii) I make it clear that this Court has not expressed anything on the merits of Exts.P4 and P12 applications.

SD/-

                                           C.S.DIAS
                                            JUDGE
jes
 WP(C) NO. 18600 OF 2023         :: 5 ::




                   APPENDIX OF WP(C) 18600/2023

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE PERMIT ISSUED TO THE PETITIONER DATED 30.11.2013 Exhibit P2 TRUE COPY OF THE APPLICATION FOR RENEWAL DATED 21.10.2021.

Exhibit P3 A TRUE COPY OF THE DEATH CERTIFICATE DATED 11.4.2023.

Exhibit P4 A TRUE COPY OF THE TRANSFER APPLICATION SUBMITTED BY THE PETITIONER DATED 12.5.2023. Exhibit P5 A TRUE COPY OF THE FAMILY RELATION CERTIFICATE ISSUED BY THE VILLAGE OFFICER DATED 01.12.2022. Exhibit P6 TRUE COPY OF THE CONSENT OF THE LEGAL HEIRS' OF THE DECEASED PERMIT HOLDER NAFEESA DATED 12.5.2023.

Exhibit P7 TRUE COPY OF THE CONSENT OF THE LEGAL HEIRS OF THE DECEASED PERMIT HOLDER KADEEJA DATED 12.5.2023.

Exhibit P8 TRUE COPY OF THE CONSENT OF THE LEGAL HEIRS OF THE DECEASED PERMIT HOLDER SAJITHA DATED 12.5.2023.

Exhibit P9 TRUE COPY OF THE CONSENT OF THE LEGAL HEIRS OF THE DECEASED PERMIT HOLDER SHAJAHAN DATED 12.5.2023.

Exhibit P10 TRUE COPY OF THE CONSENT OF THE LEGAL HEIRS OF THE DECEASED PERMIT HOLDER MOHAMMED AZAD DATED 12.5.2023.

Exhibit P11 TRUE COPY OF THE CONSENT OF THE LEGAL HEIRS OF THE DECEASED PERMIT HOLDER MOHAMMED HANEEFA DATED 12.5.2023.

Exhibit P12 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT SUBMITTED BY THE PETITIONER DATED 12.5.2023.