IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 WP(C).No. 19465 of 2009(C) -------------------------- PETITIONER(S): --------------- V.S.SAHESH, VAZHINADAKKAL HOUSE, VATANAPPILLY, THRISSUR. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR. BY SRI. P.N. SANTHOSH, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.19465 of 2009 -------------------------- Dated this the 23rd July,2009 J U D G M E N T Petitioner claims to be the transferee of the permit on the route Thriprayar-Thrissur. He was operating the said permit in respect of stage carriage KJ-8D 4696. By a decision taken on 7.8.2008, the transfer was allowed but the authority did not endorse the same on the premise that the current records of the aforementioned vehicle was not produced. According to the petitioner, endorsement of the transfer of the permit need not await the production of the current records of the vehicle. In the meanwhile, petitioner sought for replacing the aforementioned vehicle with a later model vehicle KL-9H 2908 and filed Ext.P5 application for replacement of the vehicle. That has also not been considered and hence the writ petition praying for the following reliefs. “i. Issue a writ of mandamus or such other writs, order or direction, directing the Secretary, W.P ( C) No.19465 of 2009 2 RTA, Thrissur to endorse the transfer of permit on the route Thriprayar-Thrissur from the name of the permit holder to that of the transferee in compliance of the decision of the RTA dated 9.6.2009, without insisting for production of current records of the old vehicle KL-8D 4696; and ii. to issue writ of mandamus or such other writs, order or direction, directing the Secretary, RTA, Thrissur, to consider the application for replacement of the vehicle KL-8D 4696 with KL- 9H 2908 without insisting for production of current records of the old vehicle KL-8D 4696 and further not to initiate any cancellation proceedings as relating to the permit on the route Thriprayar-Thrissur on the ground that replacement has not been sanctioned. 2. Actual endorsement of transfer of permit need not await replacement of the vehicle. But endorsed permit can be issued only after orders are passed on the application for replacement of the vehicle. Respondent shall therefore proceed with the endorsement of the transfer of permit within one month from the date of receipt of a copy of this judgment. But the transferred permit need be issued to the petitioner subject to the orders to be passed on the application for replacement, Ext.P5, which shall also be dealt with, within six weeks from the date of receipt of a copy of this judgment. Any W.P ( C) No.19465 of 2009 3 decision for revocation of the permit in terms of Rule 174 of the Motor Vehicles Rules shall be taken only after orders are passed as aforementioned. It is further made clear that petitioner shall not use the later model vehicle on the strength of the permit except after orders are passed by the respondent in the manner aforementioned. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.19465 of 2009 4 W.P ( C) No.19465 of 2009 5