Citation : 2023 Latest Caselaw 5519 Ker
Judgement Date : 2 May, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 2ND DAY OF MAY 2023 / 12TH VAISAKHA, 1945
WP(C) NO. 14542 OF 2023
PETITIONER:
MOHAMMED DHANISH
AGED 27 YEARS
S/O. MUHAMMED GAFOOR, ARU VEETTIL,
HIL TOP ROAD, N.S.S COLLEGE (P.O)
ELANKUR, MANJERI,
MALAPPURAM, PIN - 676 122.
BY ADV K.V.GOPINATHAN NAIR
RESPONDENT:
THE SECRETARY
REGIONAL TRANSPORT AUTHORITY,
MALAPPURAM CIVIL STATION RD,
UP HILL, MALAPPURAM,
PIN - 676 505.
SRI. JOBY JOSEPH - SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 02.05.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.14542 OF 2023
2
JUDGMENT
The petitioner is the holder of a regular stage
carriage bearing No.KL 59/A 8714 on the route
Karulai - Kozhikode. The petitioner submitted joint
application for transfer of the permit along with
vehicle from the name of the permit holder in favour
of the petitioner.
2. The RTA by Ext.P2 has taken a decision to
transfer the permit in favour of the petitioner, after
hearing both sides. The grievance of the petitioner
is that the decision of the RTA in Ext.P2 is not so far
implemented. Accordingly, the petitioner has filed
this writ petition.
3. There will be a direction to the respondent
to take steps to implement the decision in Ext.P2, in
accordance with law and after taking note of Ext.P4 WP(C).No.14542 OF 2023
and Ext.P5 judgments of this Court, within a period
of three weeks from the date of receipt of a copy of
this judgment.
The writ petition is disposed of with the above
direction.
Sd/-
MURALI PURUSHOTHAMAN JUDGE
SPR WP(C).No.14542 OF 2023
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT.P1 TRUE COPY OF THE SAID REGULAR PERMIT VALID TILL 9.2.2025 DATED 5.5.2021. EXHIBIT.P2 TRUE COPY OF THE PROCEEDINGS OF THE RTA MALAPPURAM ALLOWING TRANSFER OF PERMIT IN FAVOR OF THE PETITIONER 29.8.2022.
EXHIBIT.P3 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DATED 31.3.2023. EXHIBIT.P4 TRUE COPY OF THE DECISION RENTED BY THIS HON'BLE COURT IN THE DECISION REPORTED IN 1992 (1) KLT 441 DATED 23.1.1992 PAULOSE VS RTA PALAKKAD. EXHIBIT.P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.C 35620/2010 DATED 6.12.2010 APPENDIX NOT ATTACHED IN ORIGINAL.
RESPONDENTS EXHIBITS: NIL.
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