IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 11^TH DAY OF MARCH 2025 / 20TH PHALGUNA, 1946 WP(C) NO. 9525 OF 2025 PETITIONERS:

1 FASEELA FAIZAL, AGED 45 YEARS, W/O. FAIZAL, RESIDING AT KANNANTHARA HOUSE, THANIPADAM, MANNAM P.O, NORTH PARUR, ERNAKULAM DISTRICT, PIN - 683520

2 JITHENDRAKUMARI V.K, AGED 50 YEARS, W/O. JAYAN, RESIDING AT VALAVATH HOUSE, ELAMKUNNAPUZHA P.O, ERNAKULAM DISTRICT, PIN - 682503 BY ADVS.

M.JITHESH MENON P.G.MAHESHKUMAR RESPONDENTS:

1 THE REGIONAL TRANSPORT AUTHORITY, ERNAKULAM, OFFICE OF THE REGIONAL TRANSPORT OFFICE, 2ND FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 682030

2 THE SECRETARY REGIONAL TRANSPORT AUTHORITY ERNAKULAM, OFFICE OF THE REGIONAL TRANSPORT OFFICE, 2ND FLOOR, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030 BY ADV.

SMT. ANIMA M., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT Dated this the 11^th day of March, 2025 The 1^st petitioner is the holder of a Regular Permit to operate on the route North Paravur-High Court Junction via Cherai and Njarakkal, Vypin and Gosree Bridges issued in respect of Stage Carriage bearing No.KL-57E-7749 and valid till 05.04.2025.

2. The petitioners have submitted a joint application for transfer of the permit from the name of the 1^st petitioner to the name of the 2^nd petitioner. On receipt of the application, the 2^nd respondent called for a report from the Joint Regional Transport Officer, North Paravur within whose jurisdiction the vehicle stands registered. The Joint Regional Transport Officer, in turn called for a report from the Motor Vehicles Inspector. The Motor Vehicles Inspector has submitted a report after enquiry stating that the application is genuine and requires to be considered.

3. Since all the statutory procedures have been completed, the application requires to be considered by the 1^st respondent without any delay. However, the 1^st respondent is not convening meetings regularly and is unlikely to convene a meeting in the near future. The Kerala Motor Vehicles Rules take stock of such situations, whereunder orders can be passed by the 1^st respondent resorting to circulation of papers, under Rule 130 of the Kerala Motor Vehicles Rules, especially where no person has a right to be heard.

4. The joint application submitted by the petitioners therefore requires to be considered by the 1^st respondent by circulation of papers under Rule 130 of the Kerala Motor Vehicles Rules, if necessary.

5. The writ petition is therefore filed seeking for a direction to the 1^st respondent to consider the joint application for transfer of permit submitted by the petitioners within a time limit by resorting to circulation of papers under Rule 130 of the Kerala Motor Vehicles Rules, contended the Counsel for the petitioners.

6. Senior Government Pleader entered appearance and resisted the writ petition. The Senior Government Pleader, however, submitted that since Ext.P2 application is of a statutory nature, it can be considered by the competent authority and a decision taken within a reasonable time.

The writ petition is therefore disposed of directing the

1^st respondent-Regional Transport Authority to consider Ext.P2 application submitted by the petitioners and take appropriate decision thereon, within a period of four weeks, if necessary by circulation of papers.

Sd/-

N.NAGARESH JUDGE spk APPENDIX OF WP(C) 9525/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE STAGE CARRIAGE PERMIT OF THE 1ST PETITIONER BEARING PERMIT NO. KL.77/956/2005 ISSUED BY THE 2ND RESPONDENT DATED 05.11.2020 Exhibit P2 TRUE COPY OF THE JOINT APPLICATION SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DATED 18.11.2024 Exhibit P3 TRUE COPY OF THE JUDGMENT ISSUED BY THIS HON’BLE COURT IN W.P(C).

NO.3489/2024 DATED 30.01.2024