Dhanesh K.R vs The Regional Transport Authority
2023 Latest Caselaw 3463 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945

                    WP(C) NO. 8147 OF 2023

PETITIONER/S:

    1      DHANESH K.R
           AGED 41 YEARS
           S/O VIJAYALAKSHMI, KANNANGAZHATH HOUSE,
           PANANGAD PO, KUMBALAM, ERNAKULAM, PIN - 682506

    2      C.P.MARTIN
           AGED 58 YEARS
           S/O C.C.PAUL, CHITTIAZHATH HOUSE,
           PALATHURUTHY, KADAVANTHARA PO,
           ERNAKULAM - 682020., PIN - 682020

           BY ADV PRASAD CHANDRAN

RESPONDENT/S:

    1      THE REGIONAL TRANSPORT AUTHORITY
           ERNAKULAM, REPRESENTED BY ITS SECRETARY,
           REGIONAL TRANSPORT OFFICE,
           ERNAKULAM, PIN - 682030

    2      THE SECRETARY,
           REGIONAL TRANSPORT AUTHORITY
           REGIONAL TRANSPORT OFFICE,
           ERNAKULAM- 682030., PIN - 682030

           SMT AMMINIKUTTY SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 8147 OF 2023

                                        2



                                  JUDGMENT

The 1st petitioner is a regular stage carriage permit holder, operating

service on the Route Karimugal-Chakkaraparambu, using vehicle bearing Reg.

No. KL-59-D-9459. This writ petition is filed seeking issuance of directions to

the respondents to consider Ext. P2 application for transfer of permit and to

grant the transfer in the name of the 2nd petitioner in respect of the vehicle

bearing Reg. No. KL-59-D-9459.

2. Heard Sri. Prasad Chandran, the learned counsel appearing for

the petitioner, and Smt. Amminikutty, the learned Senior Government Pleader.

3. The learned Government Pleader, on instructions, submits that

certain objections have been received and the request for transfer can be

considered in the next RTA Meeting

4. After having carefully evaluated the contentions raised in this writ

petition, the submissions made across the Bar, and the facts and

circumstances, I am of the view that this writ petition can be disposed of at

the admission stage itself by issuing the following directions:

a) There will be a direction to the 1st respondent to take up,

consider and pass appropriate orders on Ext.P2 after affording

an opportunity of being heard, either physically or virtually, to WP(C) NO. 8147 OF 2023

the petitioner herein and other affected parties, if any.

b) Orders, as directed above, shall be passed expeditiously, in any

event, within a period of eight weeks from the date of

production of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the

writ petition along with the judgment before the concerned

respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

avs WP(C) NO. 8147 OF 2023

APPENDIX OF WP(C) 8147/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE PERMIT WITH ITS NO.P.ST.7/10022/ 1995 DATED 18.1.2020

Exhibit P2 TRUE COPY OF THE JOINT APPLICATION FOR TRANSFER OF PERMIT DATED 10.1.2023 WITH STAGE CARRIAGE KL 59/D 9459 OPERATING ON THE ROUTE KARIMUGAL-VYTTILA-PALLIMUKKU-MENAKA-PALARIVATTOM AND CHAKKARAPARAMBU

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 13.12.2022 IN WPC NO.40218/2022