IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WP(C).No. 11147 of 2009(K) -------------------------- PETITIONER(S): --------------- SHANTHAMMA, AGED 52 YEARS, W/O.LATE N.CHELLAPPAN NAIR, KARTHIKA, NRAE-5, KADAKKVOOR P.O., KADAKKAVOOR, THIRUVANANTHAPURAM. BY ADV. SRI.P.V.ANIL SRI.S.SAJIN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, THIRUVANANTHAPURAM. 2. THE REGIONAL TRANSPORT OFFICE, ATTINGAL, THIRUVANANTHAPURAM. 3. THE TALUK TAHSILDAR, REVENUE RECOVERY, CHIRAYINKIL. GOVERNMENT PLEADER SRI.ARAVINDA KUMAR BABU FOR R1, 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.11147/09 2 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE AGREEMENT DT 16.12.05. P2 COPY OF THE AGREEMENT DT 16.2.06. P3 COPY OF THE AGREEMENT OF UNDERTAKING. P4 COPY OF THE LETTER BY SUNDARAM FINANCE. P5 COPY OF THE PAGES OF REGISTRATION CERTIFICATE. P6 COPY OF THE DEATH CERTIFICATE DT 26.6.08. P7 COPY OF THE CERTIFICATE DT 22.9.08 P8 COPY OF THE CONSENT DEED DT 28.10.08 P9 COPY OF THE POWER OF ATTORNEY DT 10.7.08 P10 COPY OF THE JOINT APPLICATION DT 27.1.09 P11 COPY OF THE LETTER OF ACKNOWLEDGMENT. P12 COPY OF THE COMMUNICATION DT 27.1.09. P13 COPY OF THE JUDGMENT DT 21.12.06. P14 COPY OF THE RECEIPT DT 13.11.07. P15 COPY OF THE RECEIPT DT 14.2.08 P16 COPY OF THE RECEIPT DT 13.5.08 P17 COPY OF THE RECEIPT DT 13.8.08 P18 COPY OF THE RECEIPT DT 14.11.08 P19 COPY OF THE RECEIPT DT 12.2.09 P20 COPY OF THE PERMIT ISSUED BY R2 DT 18.11.06 P21 COPY OF THE PROCEEDINGS OF R2 DT 17.11.03. P22 COPY OF THE PROCEEDINGS DT 15.6.04. P23 COPY OF THE ORDER DT 11.11.08. P24 COPY OF THE CERTIFICATE OF FITNESS P25 COPY OF THE ENDORSEMENT MADE BY R2 DT 28.4.08 P26 COPY OF THE INSURANCE PREMIUM . S. SIRI JAGAN, J. `````````````````````````````````````````````````` W.P.(C) No. 11147 of 2009 K `````````````````````````````````````````````````` Dated this the 6th day of November, 2009 J U D G M E N T The petitioner's grievance in this writ petition is that the petitioner's application for transfer of ownership and transfer of permit in respect of a stage carriage purchased by him, is not being considered on the ground that there is a prohibitory order for such transfer, in view of sales tax liabilities in respect of the transferor. A counter affidavit has been filed by the third respondent, wherein it has been stated that the prohibitory order has been issued on a misconception and the prohibitory order has been withdrawn. That being so, there is no impediment for the Regional Transport Authority to consider the application for transfer of ownership and permit submitted by the petitioner. Accordingly, this writ petition is disposed of directing the Regional Transport Authority, Thiruvananthapuram to consider the applications for transfer of ownership and transfer of permit submitted by the petitioner, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. (S. SIRI JAGAN, JUDGE) aks