Abraham Mathew vs The Regional Transport Authority
2024 Latest Caselaw 32732 Ker

Kerala High Court

Abraham Mathew vs The Regional Transport Authority on 12 November, 2024

                                               2024:KER:85123
          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

            THE HONOURABLE MR. JUSTICE P.M.MANOJ

TUESDAY, THE 12TH DAY OF NOVEMBER 2024 / 21ST KARTHIKA, 1946

                   WP(C) NO. 19722 OF 2020

PETITIONER:
          ABRAHAM MATHEW
          AGED 32 YEARS
          S/O. MATHEW THOMAS,
          NJONGINIYIL HOUSE,
          ATHIRAMPUZHA P.O.,KOTTAYAM,
          REPRESENTED BY POWER OF ATTORNEY HOLDER,
          JERIN THOMAS, S/O. THOMAS MATHEW,
          NJOGINIYIL HOUSE, ATHIRAMPUZHA P.O., KOTTAYAM

          BY ADV L.RAJESH NARAYAN


RESPONDENTS:
    1     THE REGIONAL TRANSPORT AUTHORITY
          KOTTAYAM, COLLECTORATE P.O., KOTTAYAM-686 002

    2     THE SECRETARY,
          REGIONAL TRANSPORT AUTHORITY, COLLECTORATE P.O.,
          KOTTAYAM-686 002

    3     BIJO JOSE,
          NADUVILECHETHALIL HOUSE, KOODALLOOR P.O.,
          KOTTAYAM-686 587

    4     GEORGE VARGHESE
          VADASSERIL HOUSE, ETTUMANOOR P.O.,
          KOTTAYAM-6865 631

         BY ADVS.
         TPM.IBRAHIM KHAN (SR.)
         ANILA UMESH
         R1 AND 2 - SRI.RIYAL DEVASSY,GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.19722 of 2020

                                2


                                                            2024:KER:85123



                               P.M. MANOJ, J
                      -----------------------------------
                     W.P.(C) No.19722 of 2020
           --------------------------------------------------------
           Dated this the 12th day of November, 2024


                               JUDGMENT

The writ petition is preferred by a person, who had

preferred a joint application for transfer of permit which stood in

the name of the 3rd respondent on the route Kottayam - Pala in

respect of stage carriage bearing registration No.KL-35/E-8109.

The joint application for transfer submitted in terms of Section

82 of the Motor Vehicles Act read with Rule 178 of the Kerala

Motor Vehicles Rules, was considered in the RTA meeting held

on 19.11.2019 and was allowed.

2. However, that was not endorsed in the registration

certificate in favour of the petitioner. The reason for that there

were certain financial transactions between the 4 th respondent

and the 3rd respondent. In that case, the 4 th respondent

instituted a money suit before the Sub Court, Pala as O.S. No.69

of 2019, and the same was pending at that point of time. That

was the reason for non endorsement of the transfer effected as

per Ext.P2.

2024:KER:85123

3. When the matter is taken up for consideration today,

the learned Government Pleader, on instructions, submitted that

the transfer was endorsed in the registration certificate on

24.05.2022.

On the basis of these submissions and on recording the

same, the writ petition is closed as no further orders are

required.

Sd/-

P.M.MANOJ JUDGE sss

2024:KER:85123

APPENDIX OF WP(C) 19722/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PERMIT DATED 4.3.2011

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS DATED 19.11.2019

EXHIBIT P3 TRUE COPY OF THE PLAINT IN OS 69/2019 DATED 28.11.2019