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Mohammed Dhanish vs The Secretary
2023 Latest Caselaw 5519 Ker

Citation : 2023 Latest Caselaw 5519 Ker
Judgement Date : 2 May, 2023

Kerala High Court
Mohammed Dhanish vs The Secretary on 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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