Kerala High Court
Nidhinkrishna P.R vs The Regional Transport Authority on 4 June, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(C) NO. 19076 OF 2024
PETITIONERS:
1 NIDHINKRISHNA P.R
AGED 41 YEARS, S/O. RADHAKRISHNAN,
PALLATHERY VEEDU, MOOLAMKUDAM,
MATTATHURKUNNU P.O, MATTATHUR,
THRISSUR DISTRICT, PIN - 680 684.
2 HANCIL P.G
AGED 52 YEARS, S/O. GEORGE, PAZHEKATT HOUSE,
NEAR EDAVANAKKAD TELEPHONE EXCHANGE,
EDAVANAKKAD P.O, ERNAKULAM DISTRICT,
PIN - 682 502.
BY ADVS.
M.JITHESH MENON
P.G.MAHESHKUMAR
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY
OFFICE OF THE REGIONAL TRANSPORT OFFICE,
CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT,
REPRESENTED BY ITS SECRETARY., PIN - 682 030.
2 THE SECRETARY
REGIONAL TRANSPORT AUTHORITY,
OFFICE OF THE REGIONAL TRANSPORT OFFICE,
CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT,
PIN - 682 030.
BY ADV
SREEJITH V.S, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.19076 of 2024
:2:
JUDGMENT
Dated this the 4th day of June, 2024
The 1st petitioner is the holder of a Regular Permit
to operate on the route Ezhikkara - North Paravur - High
Court Junction via Cherai and Njarakkal, Kalamukku issued
in respect of Stage Carriage bearing No.KL-07-BA-1819 and
valid till 08.08.2027.
2. The petitioners have submitted a joint application
for transfer of the permit from the name of the 1 st petitioner to
the name of the 2nd petitioner. On receipt of the application,
the 2nd respondent-Secretary called for a report from the
Joint Regional Transport Officer, North Paravur within whose
jurisdiction the vehicle stands registered. The Joint Regional
Transport Officer, in turn called for a report from the Motor
Vehicles Inspector. The Motor Vehicles Inspector has
submitted a report after enquiry stating that the application is
genuine and requires to be considered.
3. Since all the statutory procedures have been
completed, the application requires to be considered by the
1st respondent-Regional Transport Authority without any
delay. However, the 1st respondent is not convening
meetings regularly and is unlikely to convene a meeting in
the near future. The Kerala Motor Vehicles Rules take stock
of such situations, whereunder orders can be passed by the
1st respondent resorting to circulation of papers, under
Rule 130 of the Kerala Motor Vehicles Rules, especially
where no person has a right to be heard.
4. The joint application submitted by the petitioners
therefore requires to be considered by the 1 st respondent by
circulation of papers under Rule 130 of the Kerala Motor
Vehicles Rules, if necessary.
5. The writ petition is therefore filed seeking for a
direction to the 1st respondent-Regional Transport Authority
to consider the joint application for transfer of permit
submitted by the petitioners within a time limit resorting to
circulation of papers under Rule 130 of the Kerala Motor
Vehicles Rules, contended the Counsel for the petitioners.
6. Government Pleader entered appearance on
behalf of the respondents and resisted the writ petition. The
Government Pleader, however, submitted that since Ext.P2
application is of a statutory nature, it can be considered by
the competent authority and decision can be taken within a
reasonable time.
The writ petition is therefore disposed of directing
the 1st respondent-Regional Transport Authority to consider
Ext.P2 application submitted by the petitioners and take
appropriate decision thereon, within a period of four weeks, if
necessary by circulation of papers.
Sd/-
N. NAGARESH
JUDGE
AMR
APPENDIX OF WP(C) 19076/2024
PETITIONERS' EXHIBITS
Exhibit-P1 TRUE COPY OF THE STAGE CARRIAGE PERMIT
BEARING PERMIT NO. KL77/2785/2007 WITH
WHICH THE 1ST PETITIONER IS OPERATING
ON THE ROUTE IN QUESTION, DATED 10-08-
2022.
Exhibit-P2 TRUE COPY OF THE JOINT APPLICATION
SUBMITTED BY THE PETITIONERS BEFORE
THE 2ND RESPONDENT DATED 17-04-2024.
Exhibit-P3 TRUE COPY OF THE REPORT SUBMITTED BY
THE MOTOR VEHICLES INSPECTOR DATED 08-
05-2024.
Exhibit-P4 TRUE COPY OF THE JUDGMENT IN W.P.
[C]NO.3489/2024 DATED 30-01-2024.
