Kerala High Court
Salim O.K vs The Regional Transport Authority on 29 May, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
WP(C) NO. 19231 OF 2024
PETITIONERS:
1 SALIM O.K.
AGED 47 YEARS
S/O KHADER HASSAN, OLICKAL HOUSE, KUMBAMKALLU,
THODUPUZHA EAST P.O., IDUKKI DISTRICT - 685585
2 MUJEEB BASHEER
AGED 42 YEARS
S/O BASHEER, ANAKETTIPARAMBIL HOUSE, THODUPUZHA
EAST P.O., IDUKKI DISTRICT, PIN - 685585
BY ADV LAVARAJ M.G.
RESPONDENTS:
1 THE REGIONAL TRANSPORT AUTHORITY
REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O.,
KOTTAYAM, REPRESENTED BY ITS SECRETARY - 686002
2 THE SECRETARY
REGIONAL TRANSPORT AUTHORITY,
REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O.,
KOTTAYAM, PIN - 686002
SRI.S. GOPINATHAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 29.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.19231 of 2024
2
JUDGMENT
Dated this the 29th day of May, 2024
The writ petition is filed by the petitioners seeking to direct
the 1st respondent to pass final orders on Ext.P2 joint
application for transfer of permit on the route Kanjirappally-
Thodupuzha in respect of Stage Carriage bearing registration
No.KL-38K-8789, within a time frame as this Court deem fit and
if required, by circulation of papers under Rule 130 of the
Kerala Motor Vehicles Rules.
2. The 1st petitioner is the Regular Permit holder on the
route Kanjirappally-Thodupuzha in respect of Stage Carriage
bearing registration No.KL-38K-8789. The present permit is
issued in the name of the 2 nd petitioner, as the vehicle was
leased out by the permit holder.
3. The petitioners submitted that since the
1st petitioner is not in a position to effectively conduct the Stage
Carriage operation, he intends to transfer the permit from his
name to the name of the 2 nd petitioner. For the said purpose,
Ext.P2 joint application for transfer has already been submitted.
The 1st petitioner wants to go abroad and hence, he wants to
complete the transfer proceedings at the earliest. The act of the
respondents in not considering Ext.P2 application is an
arbitrary, perverse and unjustified act, contend the petitioners.
4. Heard.
In view the above, the writ petition is disposed of directing
the 1st respondent-Regional Transport Authority to consider and
pass orders on Ext.P2 application submitted by the petitioners
in accordance with the law, as expeditiously as possible, at any
rate, within a period of two months after hearing the affected
parties, if the application is received and is complete in all
respects.
Sd/-
N.NAGARESH
JUDGE
spk
APPENDIX OF WP(C) 19231/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REGULAR PERMIT DATED
25.8.2023
Exhibit P2 TRUE COPY OF THE JOINT APPLICATION FOR
TRANSFER SUBMITTED BY THE PETITIONERS
DATED 27.01.2024
Exhibit P3 TRUE COPY OF THE JUDGMENT IN WP[C]
NO.42877/2022 DATED 30.12.2022
