IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 WP(C).No. 15851 of 2010(F) ---------------------------------------- PETITIONER(S): ------------------------ 1. INDIRA MANOHARAN, W/O. MANOHARAN, SREERANG HOUSE, NEENDOOR PO, KOTTAYAM. 2. BIJO JOSE, NADUVILEEHETHALIL HOUSE, KOODALLOOR PO, KIDANGOOR, KOTTAYAM. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOTTAYAM. BY SR. GOVERNMENT PLEADER SRI. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.15851 of 2010 ------------------------------------------- Dated this the 1st day of June, 2010 JUDGMENT The first petitioner is the holder of a regular permit to conduct services on the route Kallara-Pala in respect of a stage carriage vehicle bearing Reg.No.KL-5/T 5744. The permit is valid till 4.5.2010. Since the first petitioner was not in a position to conduct the services effectively, she wanted to transfer the vehicle as well as the permit to the second petitioner. Therefore, a joint application was made for such transfer to the Regional Transport Authority (RTA for short), Kottayam. On the said application, the transfer of the vehicle from the name of the first petitioner to the second petitioner was made with effect from 27.1.2010. However, when the second petitioner approached the office of the respondent for endorsement of the transfer in the permit, he was informed that as per communication dated 4.2.2010, the Tahsildar (RR), Kottayam had requested not to transfer the vehicle until further communication in the said regard was issued by the said wpc No.15851/2010 2 authority. 2. According to the counsel for the petitioner, the communication issued by the Tahsildar is dated 4.2.2010. The transfer of the vehicle had already been effected on 27.1.2010, prior to the issue of the said communication. The vehicle in question had been involved in a motor accident and O.P.(MV) No.1015/2006 has been filed before the MACT, Pala by the injured, claiming compensation for the injuries suffered. An award appears to have been passed in the said case. However, the award is pending in appeal before this Court in MACA No.2858 of 2009. There is already an interim order of stay of execution of the award in the said appeal. Since the vehicle has already been transferred to the second petitioner's name, it is submitted that there is no further impediment in endorsing the transfer on the permit. Therefore, it is submitted that the refusal to make the said endorsement on the permit is without any justification whatsoever. 3. It is not disputed by the Senior Government Pleader that the vehicle has already been transferred in the name of the second petitioner and that the wpc No.15851/2010 3 communication issued by the Tahsildar, Kottayam after the completion of the said transfer. In view of the above, there is absolutely no justification for not endorsing the transfer on the permit of the petitioner, for the transfer of which also an application has already been submitted jointly by the petitioners. 4. In the above circumstances, the Writ Petition is disposed of directing the respondent to endorse the transfer of the permit on the route Kallara-Pala in respect of the stage carriage vehicle bearing Reg.No.KL-5/T 5744 from the name of the first petitioner to the name of the second petitioner as granted by the Regional Transport Authority, Kottayam subject to the decision in MACA No.2858/2009. Such endorsement as indicated above shall be made as expeditiously as possible, at any rate within a period of two weeks from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE css/