Disposed

Suvarna v. the Secretary, Regional Transport Authority

Kerala HC26 Mar 2019WP(C)/6793/2019

Case brief

AI extract

What is this about?

Petitioner, a transferee of a vehicle permit, sought mandatory direction for transfer endorsement in registration and permit. Court directed the Regional Transport Authority to place the renewal and transfer applications for expedition and hearing.

What did the court decide?

Directed the respondent to place the renewal and transfer applications before the Regional Transport Authority for decision within six weeks after hearing the petitioner.

Suvarna Vs the Secretary, Regional Transport… — Pension and Retirement Benefits | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

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TUESDAY ,THE 26TH DAY OF MARCH 2019 / 5TH CHAITHRA, 1941 WP(C).No. 6793 of 2019

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PETITIONER/S:

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SUVARNA W/O LATE DAYANANDAN.K.K,KALAPPATT HOUSE, KODUNGALLUR.

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BY ADV. SRI.I.DINESH MENON

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RESPONDENT/S:

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THE SECRETARY, REGIONAL TRANSPORT AUTHORITY ERNAKULAM-682030.

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BY SRI PAUL ABRAHAM VAKKANAL, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 6793 of 2019 2

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JUDGMENT

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The petitioner, is a transferee of vehicle bearing registration No. KL-07/AZ-7342, which is covered by a regular permit on the route Malavana Ferry – Kodungallur. A joint application for transfer of permit was submitted by the basic permit holder as well as the petitioner and the same was considered by the Regional Transport Authority, Ernakulam in its meeting held on 27.11.2018 and it has been sanctioned. The basic permit has expired on 16.07.2009. As application for renewal is pending the said stage carriage is being operated on the basis of a temporary permits under Section 87(1)(d) of the Motor Vehicles Act. The application for renewal of permit was adjourned by the Regional Transport Authority in its meeting held on 17.08.2016 (item No. 71). The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondent, Secretary of Regional Transport Authority, Ernakulam to endorse the fact of transfer to the name of the petitioner in the certificate of registration and permit, as relating to vehicle KL-07/AZ-7342, having permit on the route Malavana Ferry – Kodungallur, within a time

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WP(C).No. 6793 of 2019 3

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frame to be fixed by this Court.

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On 07.03.2019, when this writ petition came up for admission, the learned Government Pleader sought time to get instructions.

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Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents.

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The learned Government Pleader on instructions would submit that the respondent shall place the application made for renewal of the regular permit in the next meeting of the Regional Transport Authority, Ernakulam and thereafter, the said Authority shall take an appropriate decision. The learned Government Pleader would also submit that subject to the outcome of the application for renewal of the regular permit, the respondent shall also place the joint application made by the petitioner and the registered owner of the vehicle for transfer of that permit.

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Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of by directing the respondent to place the application made by the permit holder to renewal of the regular permit on route Malavana – Kodungallur in respect of the stage carriage

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WP(C).No. 6793 of 2019 4

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bearing registration No.KL-07/AZ-7342, in the next meeting of the Regional Transport Authority, if the same is in order. A decision shall be taken by that Authority with notice to the petitioner and after affording her an opportunity of being heard. The decision of the Authority shall thereafter be communicated to the petitioner without any delay. The entire exercise in this regard shall be completed, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a certified copy of this judgment.

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Subject to the outcome of the aforesaid application for renewal of regular permit, the respondent shall place the joint application for transfer made by the petitioner along with the registered owner of the vehicle, before the Regional Transport Authority, for its consideration.

Sd/-

ANIL K.NARENDRAN

JUDGE

DCS

WP(C).No. 6793 of 2019 5

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS DATED 24.11.2018. EXHIBIT P2 TRUE COPY OF THE RC BOOK OF KL-07 AZ 7342. EXHIBIT P3 TRUE COPY OF THE REGULAR PERMIT OF KL07 AZ 7342. EXHIBIT P4 TRUE COPY OF THE TEMPORARY PERMIT DATED 6.12.2018.

Suvarna v. the Secretary, Regional Transport Authority

Case brief

What is this about?

What did the court decide?

Suvarna v. the Secretary, Regional Transport Authority

Case brief

What is this about?

What did the court decide?

What the court decided

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