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. 31111 of 2009(H) ----------------------------------------- PETITIONER(S): ------------------------ K.K.MUSTHAFA, S/O.LATE KUNHAMMED, KARIMBANKUZHIYIL HOUSE, P.O.MUTTANCHERRY, VIA.NARIKKUNI, KOZHIKODE. BY ADV. SRI.K.V.GOPINATHAN NAIR RESPONDENT(S): --------------------------- 1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOZHIKODE. (JOINT REGIONAL TRANSPORT OFFICER, KODUVALLY.) 2. RAMLA, NALUVEETTIL HOUSE, MALAYAMMA.P.O, PULLANTHUR, KOZHIKODE DISTRICT. R1 BY GOVERNMENT PLEADER SRI. K.S. MUHAMMED HASHIM R2 BY ADV. SRI.K.A.SALIL NARAYANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.31111/2009 H APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REGISTRATION PARTICULARS IN RESPECT OF KL-11/D 2493. P2: COPY OF THE CERTIFICATE ISSUED BY THE TAHSILDAR, KOZHIKODE DTD. 19/11/2008. P3: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 19/04/2008. P4: COPY OF THE OBJECTION FILED BY THE 2ND RESPONDENT BEFORE THE 1ST RESPONDENT DTD. 30/04/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 31111OF 2009 H ----------------------------------------------------------- Dated this the 1st June, 2010. JUDGMENT This writ petition is filed by the petitioner complaining of inaction on the part of the first respondent in passing appropriate orders on Ext.P3 application submitted by the petitioner for the issue of a permit in respect of a goods carriage vehicle that stands in his name. The petitioner is the registered owner of a goods carriage bearing registration No: KL-11/D 2493. The petitioner's father was the original owner of the vehicle. However, he passed away on 17/8/2005. Thereafter, on the application of the petitioner who is the eldest son the vehicle was transferred to his name on 8/4/2008. It is the case of the petitioner that the entire tax arrears and other liabilities in respect of the vehicle were cleared by him. Thereafter, he applied for the grant of a permit in respect of the vehicle. The first respondent has not passed any orders on Ext.P3 for the reason that an objection has been preferred against such transfer by the second respondent. The petitioner contends that it is up to the first respondent to consider the objections of the second respondent and to pass appropriate orders on Ext.P3 application. The action of the first respondent in WPC 31111/2009 2 not passing any orders on Ext.P3 for the reason that the second respondent has objected to such transfer is submitted to be without any justification. 2. Adv. K.A.Salil Narayanan appears for the second respondent. The second respondent has filed a counter affidavit also. Having heard the learned Govt. Pleader as well as the counsel for the contesting parties, I feel that this writ petition can be disposed of directing the disposal of Ext.P3 on an early date. The parties shall be free to urge all their contentions before the first respondent. The learned senior Govt. Pleader pointed out that there was suspicion regarding the manner in which the transfer of the vehicle itself was obtained by the petitioner to his name. If the manner in which such transfer was obtained is found to be objectionable in any way, the authorities are free to initiate action for such misdeeds in accordance with law. 3. In the above circumstances this writ petition is disposed of directing the first respondent to consider the application submitted by the petitioner evidenced herein by Ext.P3 in accordance with law and to pass appropriate orders thereon, after considering the objections of the second respondent to the same evidenced herein by Ext.P4, as expeditiously as possible, after affording an WPC 31111/2009 3 opportunity to both parties to put forward all their contentions. Such orders as indicated above shall be passed within a period of two months from the date of receipt of a copy of this judgment. K. SURENDRA MOHAN Judge jj WPC 31111/2009 4