Petitioners sought transfer of a stage carriage permit following sale of the vehicle. The court directed respondents to decide on the request within two months.
Directions to respondents to take a call on permit transfer request within two months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY,THE 7TH DAY OF DECEMBER 2022/16TH AGRAHAYANA, 1944 WP(C) NO. 13127 OF 2022
PETITIONERS:
1 HANEEFA, S/O. HASSAN, NIHAL MANZIL ASSARIPARAMBIL HOUSE, COCHIN PUBLIC SCHOOL ROAD, THRIKKAKARA P O, ERNAKULAM DISTRICT-682021.
2 VIPINDAS S/O. K K MOHANAN, KOLLAMPARAMBIL HOUSE, ASHOKAPURAM P O, ALUVA, ERNAKULAM DISTRICT-683101.
BY ADVS.G.HARIHARAN
PRAVEEN.H. K.S.SMITHA V.R.SANJEEV KUMAR ANJALY T.A
RESPONDENTS:
1 ASSISTANT MOTOR VEHICLE INSPECTOR REGIONAL TRANSPORT OFFICE, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT-682030.
2 THE SECRETARY REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT-682030.
3 REGIONAL TRANSPORT AUTHORITY
CIVIL STATION, KAKKANAD ERNAKULAM-682030., REPRESENTED BY ITS SECRETARY.
4 STATION HOUSE OFFICER CENTRAL POLICE STATION, COMBARA, ERNAKULAM DISTRICT-682031.
W.P.(C.) No. 13127/2022 2
5 ANILKUMAR V. V. S/O VISWANTHA PILLAI, M/S PRADEEP MOTOR DRIVING SCHOOL, KOCHI, ERNAKULAM DISTRICT-682005.
R1 TO R4 BY SRI. JUSTIN JACOB, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C.) No. 13127/2022
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JUDGMENT
Petitioners 1 and 2 are the seller and intended purchaser of a
2011 model bus bearing Registration No.KL-59C-8712. The second petitioner has agreed to purchase the aforementioned vehicle and since the vehicle had valid permit, joint applications dated 19.09.2019 and 27.02.2022 were filed seeking transfer of permit. Even a notice in this regard was issued, but no action has been take n. As regards the first relief seeking release of the vehicle whic h was seized on account of registration of the FIR, that relief no longer survives as the vehicle has already been released.
that the respondents will not be averse in taking the call.
W.P.(C.) No. 13127/2022
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In that view of the matter, I dispose of this writ petition with a direction to the respondents 2 and 3 to take a call on the request of the petitioners dated 19.09.2019 and 27.02.2022, in accordance with law, for transfer of the permit in favour of the second petitioner, for the reason that the first petitioner has agreed to sell the vehicle and the second petitioner has agreed to purchase the same. Let this exercise be undertaken within a period of two months from the date of receipt of a certified copy of this judgment.
Sd/-
AMIT RAWAL
JUDGE
DCS/07.12.2022
W.P.(C.) No. 13127/2022
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APPENDIX
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REGULAR STAGE CARRIAGE PERMIT DATED 06.07.2018 ISSUED BY THE 2ND RESPONDENT IN THE NAME OF THE 1ST PETITIONER TO OPERATE ON THE ROUTE ALUVA-FORT KOCHI VIA PALARIVATTOM.
EXHIBIT P2 TRUE COPY OF THE NOTICE DATED
01.07.2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS AND OTHERS.
EXHIBIT P3 TRUE COPY OF THE FIR DATED 21.10.2021 IN CRIME NO.1710/2021 OF ERNAKULAM CENTRAL POLICE STATION.
EXHIBIT P4 TRUE COPY OF THE REQUEST MADE BY THE 4TH RESPONDENT ADDRESSED TO THE 1ST RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE DRIVING LICENCE NO.KL 4319970003878 ISSUED BY THE JOINT RTO, MATTANCHERRY IN NAME OF THE 5TH RESPONDENT ON 19.07.2015.
EXHIBIT P6 TRUE COPY OF THE REGISTRATION STATUS OF BS NO.KL-59C-8712.
EXHIBIT P7 TRUE COPY OF THE INSURANCE CERTIFICATE ISSUED BY M/S NEW INDIA ASSURANCE CO.LTD, MULANTHURUTHY BRANCH IN THE NAME OF THE 1ST PETITIONER ON 29.12.2020 WHICH WAS VALID UPTO 28.12.2021.
1 issue framed by the court
Whether respondents are directed to process transfer of vehicle permit despite pending seizure
HANEEFA
VIPINDAS
REGIONAL TRANSPORT AUTHORITY
ANILKUMAR V.V.
AMIT RAWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
