Back
2025 Supreme(Online)(Ker) 42779
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
ABOOBACKER C – Appellant
Versus
REGIONAL TRANSPORT AUTHORITY – Respondent
WP(C) NO. 24163 OF 2025
For the Appellants/Petitioners: SHRI.STALIN PETER DAVIS
For the Respondents: SRI. SREEJITH V.S.
The court emphasizes the procedural necessity for permit transfer applications to be considered as per the law and directs a timeline for compliance.
Headnote:This writ petition seeks to command the first respondent to consider a joint application for the transfer of permit concerning stage carriage KL-55/J 2268. The court directs the first respondent to consider the application in accordance with the law within three months of receiving a copy of this judgment. The outcome asserts the court's authority in ensuring compliance with procedural requirements.
| Table of Content |
|---|
| 1. government pleader notes lack of concurrence. (Para 2) |
| 2. court orders consideration of application. (Para 3) |
JUDGMENT
The writ petition is filed with the following prayers.
“i) to issue a writ of mandamus or any other appropriate writ, direction or order commanding the 1st respondent to consider Exhibit P2 joint application for transfer of permit to operate on the route the Cheroor -Kozhikode in respect of stage carriage KL-55/J 2268 from the name of the 1st petitioner to the name of the 2nd respondent as expeditiously as possible in the next RTA meeting on 5/7/25 or at any rate with a short time as stipulated by this Hon’ble Court or by resorting to circulation of papers under Rule 130 of the Kerala Motor Vehicles Rules .
ii) to issue such other writ direction or order as this Hon’ble Court may deem fit and the petitioners may pray from time to time.”
2. The learned Government Pleader, on instructions, submits that the concurrence of the sister Transport Authority has not been obtained for considering the joint application for the transfer of permit.
3. Under such circumstances, there will be a direction to the first respondent to consider the joint application preferred by petitioners 1 and 2, for transfer of permit to operate on the route Cheroor – Kozhikode in respect of stage carriage KL-55/J 2268, in accordance with law, within three months from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
