IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 WP(C).No. 18759 of 2011(T) --------------------------------------- PETITIONER(S): ------------------------ SHAHUL HAMEED, S/O. ALI MUSSALIAR, THOONGALIL HOUSE, CHERUKODE, VALLAPUZHA, PATTAMBI. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): -------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD-678 001. BY GOVERNMENT PLEADER SRI.P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.18759/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE DECISION OF THE RTA DATED 30/11/2010 P2 COPY OF THE AFFIDAVIT OF SRI.MURALEDHARAN. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.18759 of 2011 ------------------------------- Dated this the 1st day of August, 2011 J U D G M E N T The petitioner purchased a stage carriage bearing registration No.KL-17 C 7333 from its registered owner Sri.Muraleedharan. The said vehicle is operating on the route Anakkatty-Pattambi on the strength of a regular permit. The permit is valid upto 8.12.2013. Thereafter, the petitioner and the former owner submitted a joint application for transfer of the stage carriage permit to the petitioner's name. The Regional Transport Authority, Palakkad that met on 30.11.2010 allowed the application subject to the condition that the transferee, viz., the petitioner should file an affidavit to the effect that the transferee is liable to old Government dues, if any, and it is subject to the disposal of the vigilance case pending against the former permit holder, Sri.K.Aboobacker. Though the petitioner was willing to execute an affidavit similar to Ext.P2 which was submitted by Sri.Muraleedharan, when the permit was transferred to him, the respondent was not willing to adopt the affidavit filed by the former permit holder and insisted on the petitioner filing an affidavit unconditionally undertaking to pay the old Government dues, if any, due from Sri.K.Aboobacker, the former permit holder. W.P.(C) No.18759 of 2011 2 2. The respondent has been served and he has entered appearance through the learned Government Pleader. Ext.P1 discloses that the Regional Transport Authority has granted transfer of the permit on a joint application filed by the petitioner and the permit holder, Sri.Muraleedharan, subject to the condition that the petitioner should file an affidavit to the effect that he will be liable to old Government dues and the transfer is subject to disposal of the vigilance case against the former permit holder Sri.K.Aboobacker. It was also extracted that such a condition should be endorsed on the certificate of registration and the permit also. Ext.P2 is stated to be the affidavit filed by the former permit holder, Sri.Muraleedharan at the time when the permit was transferred to him. The respondent had not objected to the said affidavit being filed. Such being the situation, I am of the opinion that the petitioner should also be permitted to have the transfer of the permit endorsed on his executing an affidavit similar to the one executed by Sri.Muraleedharan, when the permit was transferred from the name of Sri.K.Aboobacker to Sri.Muraleedharan. The affidavit should also contain a statement to the effect that the transfer is subject to the disposal of the vigilance case pending against the former permit holder, Sri.K.Aboobacker. W.P.(C) No.18759 of 2011 3 I accordingly dispose of the writ petition with the direction that in the event of the petitioner executing an affidavit similar to the one executed and filed by Sri.K.Aboobacker with the added stipulation that the transfer is subject to the disposal of the vigilance case pending against the former permit holder, Sri.K.Aboobacker, the respondent shall accept the same and make necessary endorsements on the original of the permit and registration certificate as directed by the Regional Transport Authority, Palakkad in Ext.P1 proceedings expeditiously and in any event, within one week from the date of production of the affidavit. P.N. RAVINDRAN, JUDGE. nj.