IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 31061 of 2011(G) ------------------------------------- PETITIONER(S): ----------------------- VINOD K, S/O.VIJAYAN K, KANHIRATHINGAL HOUSE, P.O. KARALAMANNA, PALAKKAD. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): ------------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, PALAKKAD 678 001 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD 678 001 BY GOVERNMENT PLEADER SRI. MANOJ P. KUNJACHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VPV WPCNO.31061/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REGULAR PERMIT IN FAVOUR OF THE TRANSFEREE. EXT.P2: COPY OF THE JOINT APPLICATION DATED 10.11.2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE VPV P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.31061 of 2011 ----------------------------------------- Dated this the 25th day of November, 2011 JUDGMENT The petitioner and Sri.K.Abdul Kareem, the holder of a stage carriage permit, a copy of which is produced as Ext.P1, jointly submitted Ext.P2 application 10.11.2011 for transfer of the permit from the name of the permit holder to the name of the petitioner. The requisite fee was also paid. It is stated that the transferor/permit holder desires to go abroad and unless urgent orders are passed on the joint application for transfer, the petitioner as well as the transferor will be put to serious prejudice. In this writ petition the petitioner seeks a direction to the respondents to pass expeditious orders on Ext.P2 application for transfer of the permit within a time limit to be fixed by this Court. 2. The respondents have been served and they have entered appearance through the learned Government Pleader. When this writ petition came up for hearing today, the learned Government Pleader appearing for the respondents submitted on instructions that upon receipt of Ext.P2 application, the Secretary, W.P(C).No.31061 of 2011 -:2:- Regional Transport Authority has called for a report as regards the bona fides of the transfer and as soon as the report in that regard is received after enquiry, expeditious orders will be passed on Ext.P2 application. 3. Rule 178(7) of the Kerala Motor Vehicles Rules, 1989 stipulates that before ordering transfer, the Transport Authority shall make such enquiries as it may consider necessary to satisfy itself that the transfer is bona fide. It is also stipulated that if after the enquiry the Transport Authority finds that the transfer asked for is not bona fide, it shall not order the transfer. In the instant case Ext.P2 application was filed only on 10.11.2011. It cannot therefore be said that there was undue delay on the part of the respondents in passing orders on Ext.P2 application. It is however, stated that the transferor/permit holder wishes to go abroad and if the enquiry is indefinitely postponed, the transferee will be put to serious prejudice if the enquiry is held after the transferor goes abroad since the person deputed to conduct enquiry may not be in a position to interview the transferor or to interact with him. In such circumstances I am of the opinion that Ext.P2 application should be disposed of expeditiously. I accordingly dispose of the writ petition with a direction to W.P(C).No.31061 of 2011 -:3:- the first respondent to dispose of Ext.P2 application after enquiry as contemplated in sub-rule (7) of rule 178 of the Kerala Motor Vehicles Rules, 1989 expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment before the second respondent. It will be open to the Regional Transport Authority to take a decision after circulation of the papers in terms of rule 130 of the Kerala Motor Vehicles Rules, if the Regional Transport Authority is of the opinion that the transferor/transferee need not be heard. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.31061 of 2011 ---------------------------- JUDGMENT 25th November, 2011