IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

WEDNESDAY, THE 5^TH DAY OF APRIL 2023 / 15TH CHAITHRA, 1945 WP(C) NO. 11707 OF 2023 PETITIONERS:

1 SATHAR K.P.

AGED 34 YEARS S/O HUSSAIN, KODIYANTEPURAKKAL HOUSE, UNNIYAL, NIRAMARUTHUR, PUTHIYAKADAPPURAM P.O., MALAPPURAM, PIN – 676302

2 NOUFAL K.P.

AGED 38 YEARS S/O MOHAMMEDALI, KUPPANTEPURAKKAL HOUSE, P.O. PUTHIYAKADAPPURAM, NIRAMARUTHOOR, TANUR, MALAPPURAM DISTRICT,, PIN – 676302 BY ADV SAJU J.VALLYARA RESPONDENTS:

1 THE REGIONAL TRANSPORT AUTHORITY REPRESENTED BY ITS SECRETARY, CIVIL STATION, MALAPPURAM P.O., MALAPPURAM DISTRICT, PIN – 676505

2 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY MALAPPURAM, CIVIL STATION, MALAPPURAM P.O., MALAPPURAM DISTRICT, PIN – 676505 BY ADV ADV AMMINIKUTTY K – G.P.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The 1^st petitioner, is the registered owner of stage carriage bearing Reg.No.KL-13-N-4286 which is covered with a regular permit to operate on the route of Tanur-Tirur (via) Puthiyakadappuram, Unniyal, Pookkayil and Paravana. The said permit is valid up to 04.02.2024. The 1^st petitioner along with the 2^nd petitioner submitted a joint application in the form of Ext.P2 before the 1^st respondent for transfer of the said permit. The grievance of the petitioner is that, the same is not being considered and this writ petition is submitted seeking for a direction to the 1^st respondent to consider and pass orders on Ext.P2 application.

2. On the other hand, the learned Government Pleader upon instructions would submit that, on the basis of the application submitted necessary enquiry has been conducted, wherein it was found that the application was genuine and bonafide. However, now a decision thereon has to be taken by the 1^st respondent and such a decision shall be taken in the next RTA meeting.

3. After considering all the relevant aspects, I deem it appropriate to dispose of this writ petition with the following directions:

(i) The 1^st respondent shall consider the application for transfer of the permit in accordance with law, as expeditiously possible, at any rate within a period of two months from the date of production of copy of this judgment.

(ii) In case the RTA meeting could not be convened, within the said period, the same shall be considered by circulating the papers, as contemplated under Rule 130 of Kerala Motor Vehicles Rules. Sd/-

ZIYAD RAHMAN A.A.

JUDGE scs APPENDIX OF WP(C) 11707/2023 PETITIONER EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF THE REGULAR PERMIT NO. KL1010/428/2009 ISSUED BY THE 2ND RESPONDENT TO THE FIRST PETITIONER IN RESPECT OF STAGE CARRIAGE KL-13-N-4286 Exhibit P2 TRUE PHOTOCOPY OF THE JOINT APPLICATION FOR TRANSFER OF EXHIBIT P-

1 REGULAR PERMIT SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENTS ON

08.02.2023 Exhibit P3 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.

(C) NO. 40575/2022 DATED 14.12.2022 OF THIS HON'BLE COURT