No statutory time limit for availing permit transfer endorsement post-grant; automatic cancellation inapplicable without compliance opportunity.

JUDGMENT

The petitioner is the wife of late Sri.P.Annadwarai, who was the holder of a regular permit in respect of stage carriage bearing Registration No.KL-09/N 7181 to operate on the inter-state route Padagiri – Pollachi, issued by the 2ndrespondent. The permit holder applied for renewal of permit for a further period of five years. While the application was pending, the permit holder expired, leaving behind the petitioner and two disabled children. Thereafter, the petitioner applied for transfer of permit in her favour. The application for transfer as well as renewal of permit was allowed by Ext.P2. However, the petitioner could not make the vehicle ready for obtaining endorsement regarding the transfer of permit. The petitioner requested the 2ndrespondent to make necessary endorsement regarding the transfer and renewal of permit already granted. However, the 2ndrespondent, vide Ext.P3, intimated the petitioner that since the current records of the vehicle were not produced within four months as stipulated underRule 172of theKerala Motor Vehicles Rules, 1989(for short, ‘the Rules’), the permit granted stands automatically cancelled in accordance with Rule 159(2) of the Rules.

2. The petitioner contends that for availing a transfer of permit granted by the authority, the statute does not prescribe any time limit. The petitioner also relies on Ext.P5 judgment of this Court passed under similar circumstances. The petitioner has preferred Ext.P4 representation before the 2^nd respondent requesting for endorsement of transfer of permit. The limited prayer of the petitioner at this stage is for a direction to the 2^nd respondent to consider Ext.P4, expeditiously.

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

4. In the facts and circumstances of the case, there will be a direction to the 2^nd respondent to consider Ext.P4, in accordance with law, after affording an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment.

The writ petition is disposed of.