Kerala High Court
K.T.Thomas vs The Regional Transport Authority on 7 February, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024/18TH MAGHA, 1945
WP(C) NO. 724 OF 2024
PETITIONERS:
1 K.T.THOMAS
AGED 80 YEARS, S/O THOMAS THOMAS,
KONDODIKKAL HOUSE, UMBIDI P.O.,
THOTTAKKATTU, KOTTAYAM DISTRICT,
PIN - 686 539.
2 VITTY THOMAS
AGED 40 YEARS, S/O K.T.THOMAS,
KONDODIKKAL HOUSE, UMBIDI P.O.,
THOTTAKKATTU, KOTTAYAM DISTRICT,
PIN - 686 539.
BY ADV
SAJEEV KUMAR K.GOPAL
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY
CIVIL STATION, KUILIMALA, PINAV PO,
IDUKKI ,REPRESENTED BY ITS SECRETARY,
PIN - 685 603.
2 THE SECRETARY
REGIONAL TRANSPORT AUTHORITY,
CIVIL STATION, KUILIMALA, PINAV PO,
IDUKKI, PIN - 685 603.
BY ADV
SREEJITH V.S, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.724 of 2024
:2:
JUDGMENT
Dated this the 7th day of February, 2024
The petitioners are father and son. The 1st
petitioner is a permit holder of a Stage Carriage. He intends
to transfer the permit to the 2 nd petitioner. The application for
renewal of Regular Permit is pending and its consideration
was adjourned by the 1st respondent as evidenced by Ext.P1.
2. Going by Section 81(5) of the Motor Vehicles Act,
which deals with the renewal of permit, it is clear that the
renewal will take effect from the date of expiry of the existing
permit. So there will not be any break with respect to the
period of the permit and it synchronizes with the original
grant. So, for the purpose of considering the application for
transfer of permit, the permit should be treated as alive since
the application for renewal is pending and also taking into
consideration the effect of Section 81(5) of the Motor
Vehicles Act.
3. Now the application for transfer of permit stands
adjourned by the respondents on the ground that the validity
of the permit expired and it can be considered only after
renewal is granted. The said finding in Ext.P2 is against
Section 81 of the Motor Vehicles Act, contend the petitioners.
Existence of a valid permit is not at all a pre-condition for
consideration of the application for transfer of permit, once
the renewal application is pending.
4. Government Pleader submits that the application
for renewal of Regular Permit of the petitioners is pending
and orders would not be passed thereon, as the route
proposed by the petitioners has some overlapping area. As
the Regular Permit is not likely to be renewed due to the
afore facts, the application for transfer will be considered
once a decision is taken on the renewal application.
5. I have heard the learned Counsel appearing for
the petitioners and the learned Government Pleader
representing the respondents.
6. Counsel appearing for the petitioners would
submit that if there is any overlapping area, the petitioners
are willing to give a revised route avoiding the overlapping
area and a request in that regard will be submitted. If that be
so, then there is nothing which prevents the respondents
from considering renewal application.
In the facts of the case, the writ petition is
disposed of directing that if the petitioners submit an
application for removing the overlapping area in their
application for permit within a period of two weeks, then the
respondents shall consider the application for renewal as
well as the application for transfer of vehicle in the Regional
Transport Authority Board meeting. The respondents shall
obtain an enquiry report in this regard and shall thereafter
place an application in the next ensuing Board Meeting itself
and at any rate within a period of ten weeks.
Sd/-
N. NAGARESH
JUDGE
AMR
APPENDIX OF WP(C) 724/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE DECISION OF THE 1ST
RESPONDENT AT ITS MEETING HELD ON 11-
01-2023 IN ITEM NO.65.
Exhibit P2 TRUE COPY OF THE DECISION OF THE 1ST
RESPONDENT AT ITS MEETING HELD ON 17-
08-2023 IN ITEM NO.92.
