Abdul Saleem P.V vs The Regional Transport Authority
2025 Latest Caselaw 419 Ker

Kerala High Court

Abdul Saleem P.V vs The Regional Transport Authority on 1 July, 2025

WP(C) NOs. 23525 OF 2023 & 23804 of 2024

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                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

        TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947

                         WP(C) NO. 23525 OF 2023


PETITIONER:

              ABDUL SALEEM P.V.,
              AGED 38 YEARS
              S/O ABDULLAH ABU, PALLIPUTHA VEETTIL, PULLOPPI PO,
              KANNADIPARAMBA, KANNUR, PIN - 670604


              BY ADV SHRI.K.V.GOPINATHAN NAIR


RESPONDENTS:

    1         THE REGIONAL TRANSPORT AUTHORITY,
              KANNUR, REPRESENTED BY ITS SECRETARY, CIVIL STATION,
              COLLECTORATE RD, TALAP, KANNUR, KERALA, PIN - 670002

    2         THE SECRETARY,
              REGIONAL TRANSPORT AUTHORITY, KANNUR CIVIL STATION,
              COLLECTORATE RD, TALAP, KANNUR, PIN - 670002

    3         SALGUNAN,
              S/O KAMAN, P.P.HOUSE, MUNDERIKADAVU, CHELARI, PIN -
              670604

    4         N. SIVAN,
              S/O CHATHUKURTY, SILPAS, PATHIRIYADU PO, THALASENY,
              KANNUR, PIN - 670643


              BY ADV SHRI.SAJEEV KUMAR K.GOPAL
 WP(C) NOs. 23525 OF 2023 & 23804 of 2024

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              SRI.SREEJITH V.S.,GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

        TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947

                         WP(C) NO. 23804 OF 2024


PETITIONER:

              SALGUNAN,
              AGED 47 YEARS
              S/O KANNAN,P.P.HOUSE,MUNDERIKADAVU, CHELARI, KANNUR
              DISTRICT, PIN - 670604


              BY ADV SHRI.SAJEEV KUMAR K.GOPAL


RESPONDENTS:

    1         THE REGIONAL TRANSPORT AUTHORITY,
              KANNUR, REPRESENTED BY ITS SECRETARY, CIVIL STATION,
              COLLECTORATE ROAD, TALAP, KANNUR,KERALA, PIN - 670002

    2         THE SECRETARY,
              REGIONAL TRANSPORT AUTHORITY, KANNUR, CIVIL STATION,
              COLLECTORATE ROAD, TALAP, KANNUR,KERALA, PIN - 670002

    3         ABDUL SALEEM P.V
              AGED 39 YEARS
              S/O ABDULLAH ABU, PALLIPUTHA VEETTIL, PULLOPPI P.O.,
              KANNADIPARAMBA, KANNUR, PIN - 670604

              BY SREEJITH V.S., GP
 WP(C) NOs. 23525 OF 2023 & 23804 of 2024

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                                                   2025:KER:47722



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2025, ALONG WITH WP(C).23525/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NOs. 23525 OF 2023 & 23804 of 2024

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                                JUDGMENT

[WP(C) Nos.23525/2023, 23804/2024]

The writ petition is filed for the following prayers:

"i) To quash Exhibit p5 so far as the consideration and pro-

ceedings to revoke the grant of transfer of permit allowed as per Exhibit P1, included as Item No: 6 of the meeting of the lst respondent scheduled to 19.7.2023; by the issuance of writ of certio rari or any other appropriate writ, direction or order in the interest of justice;

ii) To issue a writ of mandamus or any other appropriate writ, direction or order directing the 2nd respondent to endorse the transfer of permit already allowed as per Exhibit Pl in fa- vor of the petitioner and to grant replacement of the vehicle by considering Exhibit P2 application without insisting pro- duction of current records of the existing vehicle forthwith , in the interest of justice;

iii) To issue any other appropriate writ, direction or order which this Hon'ble Court deem fit in the circumstances of the case."

2. The petitioner sought a transfer of permit through a joint

application, and the same was allowed as per Ext.P1 on 09.12.2019. The

petitioner thereafter made Ext.P2 application for the replacement of

the vehicle, to which he received Ext.P3 communication asking him to

submit the current records. The petitioner replied through Ext.P4. The WP(C) NOs. 23525 OF 2023 & 23804 of 2024

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petitioner then came to know that in the RTA meeting scheduled on

19.07.2023, item No.6 was the agenda to revoke the transfer of permit

granted as per Ext.P1 in respect of stage carriage bearing No.KL 59 Q

6699, which is valid up to 09.01.2027. The petitioner filed this writ

petition on 19.07.2023, in which an interim order was passed granting

a stay of consideration of all further proceedings proposed in item

No.6 in the meeting of the 1st respondent scheduled on 19.07.2023.

Despite the above, orders were passed on 19.07.2023, revoking the

transfer granted as per Ext.P1.

3. It is not in dispute that the decision to revoke Ext.P1 was

made after hearing the petitioner. It is not in dispute that Ext.P6 order

was passed on 19.07.2023, when this Court had already granted an

interim order on 19.07.2023, which reads as follows:

"The learned Government Pleader takes notice for the respondents 1 and 2. Issue notice by speed post to the respondents 3 & 4. Having considered the pleadings and materials on record and after hearing the respective counsel appearing for the parties, I am satisfied that the petitioner has made out a prima-facie case for an interim order. Hence, I stay all further proceedings proposed in WP(C) NOs. 23525 OF 2023 & 23804 of 2024

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item No.6 in Ext P5 proceedings for a period of one week. "

4. It is seen that all further proceedings pursuant to Ext.P5

were ordered to be stayed. In such circumstances, Ext.P6 cannot be

sustained at all, and the same is quashed. There will be a direction to

the 1st respondent to issue notice to the petitioner in case they intend

to cancel Ext.P1. The same shall be done only in accordance with law,

and with notice to the petitioner and the 3rd and 4th respondents.

5. The writ petition, W.P.(C) No.23804/2024, preferred by the

3rd respondent in W.P.(C) No.23525/2023, seeks a direction to consider

his request for replacement of the vehicle covered with a regular permit

by permitting replacement of the existing vehicle bearing registration

No.KL 59Q 6699 with vehicle bearing registration No.KL 60Q 4814. The

consideration of this prayer would arise only after a decision is taken as

directed by this Court in W.P.(C) No. 23525/2023, wherein the same

petitioner is also directed to be heard. The contentions of the petitioner

in W.P.(C) No. 23804/2024 are left open. WP(C) NOs. 23525 OF 2023 & 23804 of 2024

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These writ petitions are disposed of as above.

Sd/-MOHAMMED NIAS C.P. JUDGE lsn WP(C) NOs. 23525 OF 2023 & 23804 of 2024

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APPENDIX OF WP(C) 23525/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT GRANTING TRANSFER OF PERMIT IN FAVOUR OF THE PETITIONER DATED 09.12.2019. Exhibit P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 25.9.2021 Exhibit P3 TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 16.10.2021 Exhibit P4 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DATED 29.10.2021 Exhibit P5 TRUE COPY OF THE RELEVANT PORTION OF THE AGENDA REGARDING THE CONSIDERATION ON AS ITEM NO: 6 OF THE MEETING OF 1ST RESPONDENT SCHEDULED TO 19.7.2023

Exhibit P6 True copy of the agreement executed by the 4th respondent dated 08.11.2019 along with English translation TRUE COPY OF THE DECISION OF THE 1ST RESPONDENT RENDERED IN VIOLATION OF STAY ORDER OF THIS Exhibit P7 HON'BLE COURT DATED 19.07.2023

RESPONDENT EXHIBITS

EXHIBIT R-3 A True copy of the judgment dated 21.5.2010 in

EXHIBIT R-3 B The true copy of Form TR5(c) dated 27.3.2020 issued by the office of RTO Kannur EXHIBIT R-3 C True copy of tax receipt dated 28.4.2020 issued by Sub Regional Transport Officer Thaliparamba for remitting motor vehicle tax of Rs.33800 for the period 1.1.2020 to 31.3.2020.

EXHIBIT R-3 D True copy of the tax receipt dated 7.2.2023 WP(C) NOs. 23525 OF 2023 & 23804 of 2024

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issued by Sub Regional Transport Officer Thaliparamba for remitting motor vehicle tax of Rs.29910 for the period from 1.1.2023 to 31.3.2023 EXHIBIT R-3[E] True copy of the tax licence dated 1.4.2023 EXHIBIT R-3[F] True copy of the acknowledgment issued by Traffic Department Kannur dated 27.7.2023 for payment of Rs.1000 EXHIBIT R-3[G] True copy of the e-fee receipt issued by the Thaliparamba SRTO dated 12.5.2023 for payment of Rs.400 as compounding fee EXHIBIT R-3[H] True copy of the e-fee receipt issued by the office of RTO Kannur dated 24.9.2021 for payment of fees for renewal of permit i EXHIBIT R-3[I] True copy of the e-challan compounding fee deposit receipt for payment of Rs.1000 dated 27.7.2023 issued by Kerala Police, Kannur City EXHIBIT R-3[J] True copy of the e-challan compounding fee deposit receipt for payment of Rs.250 dated 27.7.2023 issued by Kerala Police, Kannur City True copy of the judgment dated 21.5.2010 in

EXHIBIT R-3 [K] True copy of the e-challan compounding fee deposit receipt for payment of Rs.3000 dated 27.7.2023 issued by Kerala Police, Kannur City WP(C) NOs. 23525 OF 2023 & 23804 of 2024

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APPENDIX OF WP(C) 23804/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE DECISION OF THE 1ST RESPONDENT AT ITS MEETING HELD ON 09-1-2019 IN ITEM NO.69 Exhibit P2 TRUE COPY OF THE RELEVANT PORTION OF THE AGENDA REGARDING THE CONSIDERATION OF ITEM NO.6 OF THE MEETING OF THE 1ST RESPONDENT SCHEDULED TO BE HELD ON 19-07-2023 Exhibit P3 TRUE COPY OF THE INTERIM ORDER GRANTED BY THIS HON'BLE COURT IN W.P.(C) NO.23525 OF 2023 DATED 19-07-2023 Exhibit P4 TRUE COPY OF THE ORDER VIDE ORDER NO.V3/E746719/2024 DATED 17-04-2024