DENNY C.J v. THE REGIONAL TRANSPORT AUTHORITY
Case at a glance
Provisions considered
- Constitution of India art. 226
- Motor Vehicles Act, 1988 ss. 82, 82(2)
Judgment
BY ADV. SMT. REKHA C NAIR, SR. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.11347/2024 : 2 : JUDGMENT Dated this the 27th day of March, 2024 In this writ petition filed under Article 226 of the Constitution of India, the petitioner seeks a writ commanding the 1st respondent to consider and pass final orders on Ext.P3 application for transfer of Ext.P2 as expeditiously as possible and at any rate, on or before
02.05.2024 by circulation of papers under Rule 130 of the Kerala Motor Vehicle Rules, 1989.
The petitioner's deceased father, who was the holder of Ext.P2 stage carriage permit passed away on
03.02.2024. The petitioner herein has succeeded to the possession of the vehicle covered by the permit. Consequently, Ext.P3 application for transfer of permit to his name was submitted before the 2nd respondent on
06.02.2024. Ext.P5 notarized affidavit was also submitted W.P.(C) No.11347/2024 : 3 : by the surviving legal heirs giving their consent to the transfer of Ext.P2 permit to the name of the petitioner.
By virtue of sub-section (2) of Section 82 of the Motor Vehicles Act, 1988, the person succeeding to the possession of the vehicle covered by the permit can operate the vehicle under the permit only for a period of 3 months from the date of expiry of the permit holder which, in the instant case, expires on 02.05.2024. Thereafter, the vehicle can be operated under the permit issued to it only after the transfer of permit is endorsed in the name of the person succeeding to the possession of the vehicle. Therefore, it is imperative that orders are passed on Ext.P3 application on or before 02.05.2024.
No regular Regional Transport Authority meeting has been scheduled before 02.05.2024 and that in all likelihood the next meeting of the Regional Transport Authority will be convened only after the General Elections. Therefore, the petitioner contends that this is a fit case where orders on Ext.P3 application can be taken by W.P.(C) No.11347/2024 : 4 : circulation of papers under Rule 130 of the Kerala Motor Vehicle Rules, 1989 which reads as follows- "130. Circulation of papers- (1) In case of urgency, orders may be taken by the Secretary after getting the approval of the Chairman by circulating papers to the members of the Regional Transport Authority unless any person as a right to be heard in accordance with the provisions of the Act and of these rules. Where papers are circulated, it is open to any member to require that the matter shall be discussed at a meeting of the authority.
Government Pleader entered appearance and resisted the writ petition. The Government Pleader submitted that though the petitioner has filed an application for transfer of permit, the petitioner has not produced requisite documents like Legal Heir Certificate and Relationship Certificate. Furthermore, the requite fee is also not remitted. In those circumstances, the petitioner's application cannot be considered.
The counsel for the petitioner submitted that the petitioner is ready and willing to produce the relevant documents and also to remit the fee within a period of one week. W.P.(C) No.11347/2024 : 5 :
Going through the pleadings, I find that stage carriage of the petitioner can be operated only till
02.05.2024 in view of Section 82(2) of the Motor Vehicles Act, 1988. Taking into consideration all the afore facts, the writ petition is disposed of directing that if the petitioner produces requisite documents and remit requisite fee within a period of one week from today, the 1st respondent shall consider Ext.P3 application and pass appropriate orders in accordance with law as early as possible and at any rate before 02.05.2024 with notice to legal heirs. It is made clear that if there is any difficulty for the 1st respondent to convene meeting due to the impending election, the 1st respondent will be at liberty to pass orders by circulation of papers. SR Sd/- N. NAGARESH JUDGE W.P.(C) No.11347/2024 : 6 : APPENDIX OF WP(C) 11347/2024 PETITIONER'S EXHIBITS: Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 TRUE COPY OF THE DEATH CERTIFICATE ISSUED ON 16.02.2024 TRUE COPY OF THE REGULAR PERMIT VALID TILL 30.11.2028 DATED 23.11.2023 TRUE COPY OF THE APPLICATION FOR TRANSFER OF PERMIT DATED 06.02.2024 TRUE COPY OF THE NOTICE DATED 13.02.2024 TRUE COPY OF THE AFFIDAVIT DATED 26.02.2024.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.