TOM AUGUSTIAN vs THE REGIONAL TRANSPORT AUTHORITY, KOTTAYAM

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2026 Supreme(Online)(Ker) 21104

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
TOM AUGUSTIAN – Appellant
Versus
THE REGIONAL TRANSPORT AUTHORITY, KOTTAYAM – Respondent
WP(C) NO. 9109 OF 2026

Important Points

Court affirmed the obligation of authorities to expedite decisions on transportation permit applications.

Subject

Administrative Law - Transport Law

Act Referred

Kerala Motor Vehicles Rules: R.178(2)

Headnote

The High Court directed the 1st respondent to consider the petitioners' joint application for transfer of a stage carriage permit on the Kottayam - Ettumanoor route. The court emphasized compliance with Kerala Motor Vehicles Rules and the need for expedient order issuance. The court's ruling also mandated timely completion of the necessary enquiry for the application.

Result: The writ petition is disposed of directing the 1st respondent to pass orders on the application of the petitioners for transfer of permit expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment.

Advocates:
For the Appellants/Petitioners: SHRI.PRASAD CHANDRAN
For the Respondents: SMT. DEVISHREE - GP

Table of Content
1. authority must consider permit transfer applications according to prescribed rules. (Para 1 , 2)
2. government pleader indicates application will be processed. (Para 3)
3. court mandates timely orders on permit applications. (Para 4)

JUDGMENT

This Court, by Ext.P2 judgment, directed the

1^st respondent to consider the joint application of the petitioners for transfer of regular permit on the route Kottayam - Ettumanoor in respect of stage carriage bearing Registration No.KL-05/Z-0025 and to pass orders thereon in accordance with law, either in the next RTA Board meeting or at any rate, within two months from the date of receipt of a copy of that judgment.

2. Pursuant to Ext.P2, the 1^st respondent issued Ext.P3 order by circulation stating that the petitioners/applicants have not submitted the statement required by Rule 178(2) of the Kerala Motor Vehicles Rules , 1989 making full disclosure along with the anterior agreement entered between them. It is further stated therein that the enquiry report is not complete and hence a detailed enquiry is necessary. Accordingly, the consideration of the application was adjourned by the 1^st respondent. The petitioners have writ petition for a direction to the 1^st respondent to pass final orders pursuant to Ext.P3 and to allow the transfer of permit forthwith.

3. Heard the learned counsel for the petitioners and the learned Government Pleader for the respondents.

4. It is submitted by the learned Government Pleader that the application of the petitioners for transfer of permit pursuant to Ext.P3 will be placed before the next RTA meeting and orders will be passed thereon expeditiously.

Accordingly, this writ petition is disposed of directing the 1^st respondent to pass orders on the application of the petitioners for transfer of permit expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. The 1^st respondent shall ensure that the enquiry as referred to in Ext.P3 is completed without any delay.