Kerala High Court
Mohammed Musthafa K vs The Regional Transport Authority on 27 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 27TH DAY OF JUNE 2024 / 6TH ASHADHA, 1946
WP(C) NO. 21953 OF 2024
PETITIONER:
MOHAMMED MUSTHAFA K
AGED 62 YEARS
S/O KOONATHIL MAYINKUTTY, KOONATHIL
MADIRASSERY, THRIKKANAPURAM, THAVANOOR,
MALAPPURAM, PIN - 679573.
BY ADV LAVARAJ M.G.
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY
REPRESENTED BY IS SECRETARY, REGIONAL TRANSPORT
OFFICE, CIVIL STATION P.O., MALAPPURAM,
PIN - 676505.
2 TH SECRETARY
REGIONAL TRANSPORT AUTHORITY, REGIONAL
TRANSPORT OFFICE, CIVIL STATION P.O.,
MALAPPURAM, PIN - 676505.
BY
S.GOPINATHAN - SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.21953 OF 2024
:2:
JUDGMENT
Dated this the 27th day of June, 2024
The petitioner is the holder of a regular permit on the
route Kaladi - Tirur. The regular permit is valid till 01.06.2024.
The vehicle which was covered by permit was KL -10S-9014,
which is a 2004 model vehicle having seating capacity of 23 in all.
As per Section 81(2) of the Motor Vehicles Act, 1988, the renewal
application should be preferred 15 days prior to the expiry of the
basic permit. Accordingly, the petitioner preferred application for
renewal of permit in time.
2. The vehicle KL-10S-9014 is dilapidated. Therefore the
petitioner procured a later model vehicle, KL-52-5822, a 2007
model with a seating capacity of 28 in all and applied for
replacement. There is no material difference between the
incoming vehicle and outgoing vehicle. The Secretary, RTA,
Malappuram is not considering the application for renewal and
replacement for reasons unknown to the petitioner.
3. Exts.P2 and P3 applications are for renewal of permit
and replacement of vehicle. The applications are of a statutory
WP(C) NO.21953 OF 2024
nature in view of Rules 172, 174 and 179 of the Kerala Motor
Vehicles Rules, 1989. Therefore, it is necessary that the
Competent Authority considers the same, within a reasonable
time.
The writ petition is therefore disposed of directing the
Regional Transport Authority to consider Ext.P2 application for
renewal submitted by the petitioner in the ensuing RTA meeting
scheduled to be held on 24.07.2024 itself and take appropriate
decision in accordance with law. After taking a decision thereon,
the petitioner's Ext.P3 application for replacement of vehicle shall
also be considered expeditiously in accordance with law. This will
be subject to the condition that the petitioner shall clear all taxes
and other dues to Government in respect of the outgoing vehicle.
Sd/-
N. NAGARESH
pvv JUDGE
WP(C) NO.21953 OF 2024
APPENDIX OF WP(C) 21953/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE REGULAR PERMIT
NUMBER KL1010/8510/2003 ISSUED TO THE
PETITIONER DATED 09.03.2021.
EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR
RENEWAL ALONG WITH THE COVERING LETTER
DATED 10.5.2024.
EXHIBIT P3 TRUE COPY OF THE APPLICATION FOR
REPLACEMENT DATED 10.5.2024.
EXHIBIT P4 A TRUE COPY OF THE JUDGMENT IN WP[C]
NO.16117/2024 DATED 30.4.2024.
