The time limit under Rule 178 of the Kerala Motor Vehicles Rules, 1989, is directory and not mandatory.

JUDGMENT

The petitioner along with one Venugopal submitted an application for transfer of permit in respect of stage carriage bearing Registration No.KL- 08-AG-1819 operating on the route Kankankadavu – Puthenvelikkara. The said application was allowed by the Regional Transport Authority, Thrissur in its meeting held on 05.01.2024. Since the vehicle was in G-form, the transfer of permit could not be endorsed in favour of the petitioner. Later, the application for renewal of permit was considered and renewed permit was issued to the petitioner on 30.01.2026. The transferor thereafter submitted Ext.P4 request before the respondent to endorse the transfer of permit in favour of the petitioner. However, the said request is not so far considered, on the ground of delay in producing the records. Accordingly, the petitioner has filed this writ petition for the following relief:-

“i) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondent to consider Ext.P4 application and endorse the transfer of permit granted as per Ext.P2 in favour of the petitioner in respect of stage carriage bearing No. KL-08-AG-1819 on the route Kankkankadavu - Puthenvelikkara.”

2. The petitioner relied on the decision of this Court in Aswanth K.L. v. Regional Transport Authority [2025 (2) KHC 127] wherein it was held that the time limit prescribed under Rule 178 of the Kerala Motor Vehicles Rules , 1989 is only directory and not mandatory.

3. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondent.

4. There will be a direction to the respondent to consider Ext.P4 request in the light of the decision referred to above and pass appropriate orders in accordance with law, as expeditiously as possible, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment.

The writ petition is disposed of with the above direction.