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2026 Supreme(Online)(Ker) 5048

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
AVINASHKUMAR – Appellant
Versus
REGIONAL TRANSPORT AUTHORITY, ERNAKULAM – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.K.V.GOPINATHAN NAIR
For the Respondents: SRI. P.S. APPU, GP.

JUDGMENT

The petitioner is aggrieved by Ext.P7 order passed by the Regional Transport Authority, Ernakulam, dated 29.09.2025, pursuant to the directions issued by this Court in W.P.(C) No.28093 of 2025.

2. The petitioner had obtained a transfer of permit vide Ext.P2 proceedings on 23.09.2017. The petitioner earlier approached this Court by filing W.P.(C) No.28729 of 2021, which was disposed of by judgment dated 09.02.2022 directing the Secretary, RTA, to consider the application for transfer of permit with notice to the financier. Though this Court directed to pass orders, no orders were passed, which forced the petitioner to again file W.P.(C) No.28093 of 2025, which was disposed of on 07.08.2025, directing the RTA to consider the application preferred by the petitioner for endorsing the transfer of permit, retaining the hypothecation agreement after hearing the petitioner and the financier.

3. In purported compliance with the directions, Ext.P7 order was passed, finding that Ext.P2, which permitted the transfer, is a void document as the transfer of permit was made based on false and irrelevant documents and therefore, Rule 178(3) of the Kerala Motor Vehicles Rules is applicable.

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