IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 24TH MARCH 2011 / 3RD CHAITHRA 1933 WP(C).No. 9278 of 2011(H) ------------------------- PETITIONER(S): --------------- 1. M.R.RADHAKRISHNAN, MANAPPURATH HOUSE, MOOTHAKUNNAM P.O., ERNAKULAM. 2. K.K.SASIKUMAR, KULANGARA HOUSE, PATTANAM, VADAKKEKKARA POST, ERNAKULAM. BY ADV. SRI.I.DINESH MENON RESPONDENT(S): --------------- 1. THES REGIONAL TRANSPORT AUTHORITY, ERNAKULAM-682 030. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM-682 030. BY GOVT. PLEADER SRI. BASANT BALAJI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No. 9278 of 2011 ------------------------------- Dated this the 24th day of March, 2011 J U D G M E N T The first petitioner is the registered owner of a stage carriage operating a service on the route Eloor Ferry – Manjaly on the strength of Ext.P1 regular permit which is valid till 18.8.2011. The petitioners herein have jointly submitted Ext.P3 application before the first respondent requesting the first respondent to transfer the said permit to the name of the second petitioner. It is stated that the first petitioner is not interested in conducting the stage carriage service and that he wishes to go abroad for employment. On that ground, the petitioners seek expeditious disposal of Ext.P3 application. The petitioners submit that as no hearing is involved or required to be done and as the petitioners have jointly applied for transfer of the permit, expeditious orders may be passed following the procedure prescribed in rule 130 of the Kerala Motor Vehicle Rules. 2. I heard Sri.I.Dinesh Menon, the learned counsel appearing for the petitioner and Sri.Basant Balaji, the learned Government Pleader appearing for the respondent. It is evident from the materials produced by the petitioner that the first petitioner who is presently the holder of Ext.P1 permit is desirous of having the permit transferred to the name of the second petitioner. The first petitioner W.P.(C) No.9278/2011 2 has also expressed his intention to go abroad in search of employment. In other words, the first petitioner is not desirous of operating the service any further. Under section 82 of the Motor Vehicles Act, a stage carriage permit can be lawfully transferred to another person with the approval of the Regional Transport Authority. In such circumstances, as no prejudice will be caused to the beneficiaries of the service and as no hearing is also involved, I am of the opinion that the first respondent should take up Ext.P3 application and pass appropriate orders thereon expeditiously, if necessary, by circulation. I accordingly dispose of the writ petition with a direction to the first respondent to take up Ext.P3 application for transfer of Ext.P1 permit and to pass appropriate orders thereon expeditiously and in any event within one month from the date of receipt of a copy of this judgment. It will be open to the first respondent to follow the procedure prescribed in rule 130 of the Kerala Motor Vehicle Rules while taking a decision on the application. Sd/- P.N. RAVINDRAN, JUDGE. nj. The words “Eloor Ferry – Manjaly” occurring in the second line of the judgment dated 24/03/2011 in WP(C) 9278/2011 are corrected and substituted as “N.Paravur-Ernakulam” as per order dated 06/04/2011 in the WP(C) 9278/2011. Sd/- Registrar (Judicial)