Kerala High Court
Denny C.J vs The Regional Transport Authority on 27 March, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 27TH DAY OF MARCH 2024/7TH CHAITHRA, 1946
WP(C) NO. 11347 OF 2024
PETITIONER:
DENNY C.J.,
AGED 49 YEARS,
S/O C.A. JOSEPH (LATE),
CHANDANAPARAMBIL LAKSHAM VEED COLONY,
KOONAMMAVU,
ERNAKULAM, PIN - 683518
BY ADVS.
RILGIN V.GEORGE
NAZRIN BANU
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY,
ERNAKULAM, REPRESENTED BY ITS SECRETARY,
OFFICE OF THE REGIONAL TRANSPORT OFFICER,
CIVIL STATION,
ERNAKULAM, PIN - 682030
2 THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
ERNAKULAM,
OFFICE OF THE REGIONAL TRANSPORT OFFICER,
CIVIL STATION,
ERNAKULAM, PIN - 682030
BY ADV.
SMT. REKHA C NAIR, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.11347/2024
:2:
JUDGMENT
Dated this the 27th day of March, 2024
In this writ petition filed under Article 226 of the
Constitution of India, the petitioner seeks a writ
commanding the 1st respondent to consider and pass final
orders on Ext.P3 application for transfer of Ext.P2 as
expeditiously as possible and at any rate, on or before
02.05.2024 by circulation of papers under Rule 130 of the
Kerala Motor Vehicle Rules, 1989.
2. The petitioner's deceased father, who was the
holder of Ext.P2 stage carriage permit passed away on
03.02.2024. The petitioner herein has succeeded to the
possession of the vehicle covered by the permit.
Consequently, Ext.P3 application for transfer of permit to
his name was submitted before the 2 nd respondent on
06.02.2024. Ext.P5 notarized affidavit was also submitted
by the surviving legal heirs giving their consent to the
transfer of Ext.P2 permit to the name of the petitioner.
3. By virtue of sub-section (2) of Section 82 of the
Motor Vehicles Act, 1988, the person succeeding to the
possession of the vehicle covered by the permit can
operate the vehicle under the permit only for a period of 3
months from the date of expiry of the permit holder which, in
the instant case, expires on 02.05.2024. Thereafter, the
vehicle can be operated under the permit issued to it only
after the transfer of permit is endorsed in the name of the
person succeeding to the possession of the vehicle.
Therefore, it is imperative that orders are passed on Ext.P3
application on or before 02.05.2024.
4. No regular Regional Transport Authority meeting
has been scheduled before 02.05.2024 and that in all
likelihood the next meeting of the Regional Transport
Authority will be convened only after the General Elections.
Therefore, the petitioner contends that this is a fit case
where orders on Ext.P3 application can be taken by
circulation of papers under Rule 130 of the Kerala Motor
Vehicle Rules, 1989 which reads as follows-
"130. Circulation of papers- (1) In case of
urgency, orders may be taken by the Secretary
after getting the approval of the Chairman by
circulating papers to the members of the
Regional Transport Authority unless any person
as a right to be heard in accordance with the
provisions of the Act and of these rules. Where
papers are circulated, it is open to any member
to require that the matter shall be discussed at a
meeting of the authority.
5. Government Pleader entered appearance and
resisted the writ petition. The Government Pleader
submitted that though the petitioner has filed an application
for transfer of permit, the petitioner has not produced
requisite documents like Legal Heir Certificate and
Relationship Certificate. Furthermore, the requite fee is
also not remitted. In those circumstances, the petitioner's
application cannot be considered.
6. The counsel for the petitioner submitted that the
petitioner is ready and willing to produce the relevant
documents and also to remit the fee within a period of one
week.
7. Going through the pleadings, I find that stage
carriage of the petitioner can be operated only till
02.05.2024 in view of Section 82(2) of the Motor Vehicles
Act, 1988.
Taking into consideration all the afore facts, the
writ petition is disposed of directing that if the petitioner
produces requisite documents and remit requisite fee within
a period of one week from today, the 1 st respondent shall
consider Ext.P3 application and pass appropriate orders in
accordance with law as early as possible and at any rate
before 02.05.2024 with notice to legal heirs. It is made clear
that if there is any difficulty for the 1 st respondent to
convene meeting due to the impending election, the 1 st
respondent will be at liberty to pass orders by circulation of
papers.
Sd/-
N. NAGARESH
JUDGE
SR
APPENDIX OF WP(C) 11347/2024
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE DEATH CERTIFICATE
ISSUED ON 16.02.2024
Exhibit P2 TRUE COPY OF THE REGULAR PERMIT VALID
TILL 30.11.2028 DATED 23.11.2023
Exhibit P3 TRUE COPY OF THE APPLICATION FOR
TRANSFER OF PERMIT DATED 06.02.2024
Exhibit P4 TRUE COPY OF THE NOTICE DATED
13.02.2024
Exhibit P5 TRUE COPY OF THE AFFIDAVIT DATED
26.02.2024.
