IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 29800 of 2011(Y) -------------------------- PETITIONER(S): --------------- NALAKATH ABDUL AZIZ, S/O.MOIDEEN HAJI, NALAKATH HOUSE, P.O.PULLIPARAMBA, CHELEMBRA, MALAPPURAM. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM-676505. BY GOVT. PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.29800/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF THE REGULAR PERMIT ON THE ROUTE TANUR- KOZHIKODE. EXT.P2 TRUE COPY OF THE DECISION DATED 7/4/2010 GRANTING TRANSFER. EXT.P3 TRUE COPY OF THE JUDGMENT IN WPC.12000/2007 DATED 6/6/2007. EXT.P4 TRUE COPY OF THE JUDEGMENT IN WPC.26747/2011 DATED 11/10/2011. RESPONDENTS' EXHIBITS NIL /True Copy/ vps PA to Judge P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 29800 OF 2011 -------------------------- Dated this the 21st day of November, 2011 J U D G M E N T The petitioner along with Sri.Padmanabhan, son of Choyi who holds a stage carriage permit to operate a stage carriage on the route Tanur-Kozhikode submitted an application for transfer of the permit from the name of permit holder Sri.Padmanabhan to the name of the petitioner. The Regional Transport Authority, Malappuram that met on 7.4.2010 allowed the transfer subject to clearance of Government dues. Ext.P2 is a copy of the proceedings issued by the Regional Transport Authority, Malappuram in that regard. This writ petition is filed contending that though thereafter the petitioner moved the respondent for making an endorsement on the original of the permit, the respondent took the stand that unless the records of the stage carriage covered by the permit are produced, the transfer cannot be endorsed. Relying on Ext.P4 judgment of this Court in W.P.(C) No. 26747 of 2011 it is contended that production of the records of the stage carriage is not required WPC No.29800/2011 2 when the transfer of permit is sought to be endorsed on the permit. In this writ petition, the petitioner seeks a direction to the respondent to endorse the factum of transfer on the original of Ext.P1 permit without insisting on production of the records relating to the stage carriage bearing registration No.KL-10 F 7799. 2. Heard Sri.I.Dinesh Menon, learned counsel appearing for the petitioner and Sri.G.Gopakumar, learned Government Pleader appearing for the respondent. Ext.P2 proceedings of the Regional Transport Authority discloses that the transfer of permit applied for by the petitioner was allowed subject to clearance of Government dues and production of a no objection certificate from the financier. Though the proceedings also contain an endorsement directing the parties to produce the current records of the vehicle, a learned single Judge of this Court has in W.P.(C) No. 12000 of 2007 held that as the transfer is only of the permit and not of the vehicle it is not necessary to produce the records of the vehicle for the purpose of getting the transfer of permit endorsed on the original of the permit and that the records of the WPC No.29800/2011 3 vehicle need be produced only when the transferee of the permit applies for replacement of the vehicle and at that stage he need only produce the current records of the incoming vehicle and not of the outgoing vehicle. Ext.P4 judgment has attained finality. I am therefore of the opinion that the stand taken by the respondent cannot be sustained. I accordingly dispose of the writ petition with a direction to the respondent to endorse the factum of transfer on the original of Ext.P1 permit in implementation of Ext.P2 proceedings of the Regional Transport Authority, Malappuram within one week from the date of production of a copy of this judgment along with the original of Ext.P1 permit without insisting on production of the records of the stage carriage bearing registration No.KL-10 F 7799. P.N.RAVINDRAN, (JUDGE) vps WPC No.29800/2011 4 P.N.RAVINDRAN, (JUDGE) vps WPC No.29800/2011 5