Partly allowed

K.T.Thomas v. the Regional Transport Authority

Kerala HC7 Feb 2024WP(C)/724/2024

Case brief

AI extract

What is this about?

The Court held that a pending renewal application keeps the permit alive for transfer under Section 81(5) of the Motor Vehicles Act. The Court directed the petitioners to submit a revised route within two weeks to remove overlapping areas, after which the Respondent must consider both renewal and transfer applications within ten weeks.

What did the court decide?

Petitioners to submit revised route within two weeks; Respondent to consider renewal and transfer applications within ten weeks.

K.T.Thomas Vs the Regional Transport Authority — Service and Employment | Kerala HC (2024)

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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 N.NAGARESH

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WEDNESDAY, THE 7TH DAY OF FEBRUARY 2024/18TH MAGHA, 1945

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WP(C) NO. 724 OF 2024

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PETITIONERS:

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1K.T.THOMAS
AGED 80 YEARS, S/O THOMAS THOMAS,
KONDODIKKAL HOUSE, UMBIDI P.O.,
THOTTAKKATTU, KOTTAYAM DISTRICT,
PIN – 686 539.

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2 VITTY THOMAS

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AGED 40 YEARS, S/O K.T.THOMAS,
KONDODIKKAL HOUSE, UMBIDI P.O.,
THOTTAKKATTU, KOTTAYAM DISTRICT,
PIN – 686 539.

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BY ADV

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SAJEEV KUMAR K.GOPAL

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RESPONDENTS:

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1THE REGIONAL TRANSPORT AUTHORITY
CIVIL STATION, KUILIMALA, PINAV PO,
IDUKKI ,REPRESENTED BY ITS SECRETARY,
PIN – 685 603.

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2THE SECRETARY
REGIONAL TRANSPORT AUTHORITY,
CIVIL STATION, KUILIMALA, PINAV PO,
IDUKKI, PIN – 685 603.

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BY ADV

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SREEJITH V.S, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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W.P.(C) No.724 of 2024

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: 2 :

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JUDGMENT

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Dated this the 7^th day of February, 2024

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The petitioners are father and son. The 1^st petitioner is a permit holder of a Stage Carriage. He intends to transfer the permit to the 2^nd petitioner. The application for renewal of Regular Permit is pending and its consideration was adjourned by the 1^st respondent as evidenced by Ext.P1. 2. Going by Section 81(5) of the Motor Vehicles Act, which deals with the renewal of permit, it is clear that the renewal will take effect from the date of expiry of the existing permit. So there will not be any break with respect to the period of the permit and it synchronizes with the original grant. So, for the purpose of considering the application for transfer of permit, the permit should be treated as alive since the application for renewal is pending and also taking into consideration the effect of Section 81(5) of the Motor Vehicles Act.

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W.P.(C) No.724 of 2024

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: 3 :

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Now the application for transfer of permit stands adjourned by the respondents on the ground that the validity of the permit expired and it can be considered only after renewal is granted. The said finding in Ext.P2 is against Section 81 of the Motor Vehicles Act, contend the petitioners. Existence of a valid permit is not at all a pre-condition for consideration of the application for transfer of permit, once the renewal application is pending.

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Government Pleader submits that the application for renewal of Regular Permit of the petitioners is pending and orders would not be passed thereon, as the route proposed by the petitioners has some overlapping area. As the Regular Permit is not likely to be renewed due to the afore facts, the application for transfer will be considered once a decision is taken on the renewal application.

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I have heard the learned Counsel appearing for the petitioners and the learned Government Pleader representing the respondents.

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W.P.(C) No.724 of 2024

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: 4 :

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Counsel appearing for the petitioners would

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submit that if there is any overlapping area, the petitioners are willing to give a revised route avoiding the overlapping area and a request in that regard will be submitted. If that be so, then there is nothing which prevents the respondents from considering renewal application.

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In the facts of the case, the writ petition is disposed of directing that if the petitioners submit an application for removing the overlapping area in their application for permit within a period of two weeks, then the respondents shall consider the application for renewal as well as the application for transfer of vehicle in the Regional Transport Authority Board meeting. The respondents shall obtain an enquiry report in this regard and shall thereafter place an application in the next ensuing Board Meeting itself and at any rate within a period of ten weeks.

Sd/-

N. NAGARESH

JUDGE

AMR

W.P.(C) No.724 of 2024

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: 5 :

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APPENDIX OF WP(C) 724/2024

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PETITIONER’S EXHIBITS

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Exhibit P1TRUE COPY OF THE DECISION OF THE 1ST
RESPONDENT AT ITS MEETING HELD ON 11-
01-2023 IN ITEM NO.65.

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Exhibit P2

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TRUE COPY OF THE DECISION OF THE 1ST
RESPONDENT AT ITS MEETING HELD ON 17-
08-2023 IN ITEM NO.92.

K.T.Thomas v. the Regional Transport Authority

Case brief

What is this about?

What did the court decide?

K.T.Thomas v. the Regional Transport Authority

Case brief

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What did the court decide?

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