Jinu Jafferkin.K.P vs The Regional Transport Authority
2024 Latest Caselaw 15786 Ker

Citation : 2024 Latest Caselaw 15786 Ker
Judgement Date : 6 June, 2024

Kerala High Court

Jinu Jafferkin.K.P vs The Regional Transport Authority on 6 June, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
                         WP(C) NO. 20421 OF 2024
PETITIONER:

              JINU JAFFERKIN.K.P.
              AGED 34 YEARS
              S/O. SUBAR.K.P., JEFFA MAHAL,
              VELLIMADUKUNNU, MARIKKUNNU,
              KOZHIKODE DISTRICT,
              PIN - 673012

              BY ADV O.D.SIVADAS


RESPONDENTS:

     1        THE REGIONAL TRANSPORT AUTHORITY
              CIVIL STATION, KOZHIKODE,
              PIN - 673020
     2        THE SECRETARY, REGIONAL TRANSPORT AUTHORITY
              CIVIL STATION,
              KOZHIKODE, PIN - 673020

              SRI.S.GOPINATHAN-SR.GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.20421 OF 2024
                               2




                       JUDGMENT

Dated this the 6th day of June, 2024

The petitioner's father passed away and the petitioner

submitted application for Transfer of Permit in respect of

Stage Carriage bearing No.KL-11Z-5152 in his favour.

Pursuant to the application, the 2 nd respondent-Secretary,

Regional Transport Authority heard the petitioner and placed

the matter before the meeting of the 1st respondent-

Regional Transport Authority. As per the Rules, the power to

consider the application for Transfer of Permit is the

Regional Transport Authority alone, contends the petitioner.

2. The application for Transfer of Permit submitted

by the petitioner was adjourned by the 1 st respondent

without noticing the presence of the petitioner in the

meeting. However, the next meeting of the Regional WP(C) NO.20421 OF 2024

Transport Authority is not scheduled and thereby

consideration of the application for transfer would be

delayed indefinitely. Hence, the petitioner has approached

this Court seeking to direct the respondents to consider

Ext.P2 application for Transfer of Permit and pass final

orders by circulation of papers under Rule 130 of the Kerala

Motor Vehicles Rules.

3. Senior Government Pleader submits that if the

application is received and pending, the same can be

considered and a decision taken by the Regional Transport

Authority within a period of one month.

Considering the afore facts, the writ petition is

disposed of directing the 1st respondent-Regional Transport

Authority to place the application in the next Regional

Transport Authority meeting itself and take appropriate

decision thereon within a period of one month. If no

Regional Transport Authority meetings are scheduled in the WP(C) NO.20421 OF 2024

meanwhile, the 1st respondent may pass orders by

circulating the papers as per Rule 130 of the Kerala Motor

Vehicle Rules.

Sd/-

N.NAGARESH JUDGE hmh WP(C) NO.20421 OF 2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGULAR PERMIT DATED 12.02.2021 ISSUED BY THE 2ND RESPONDENT Exhibit P2 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Exhibit P3 THE TRUE COPY OF THE PROCEEDING OF THE 1ST RESPONDENT DATED 27.02.2024 Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 8.04.2024 IN WP(C) NO. 14330 OF 2024 RENDERED BY THIS HON'BLE COURT.