IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 33840 of 2008(C) -------------------------- PETITIONERS: --------------- 1. DAMODARAN NAIR, 9/66, RAMANKUNNATH HOUSE, PANJAL P.O., CHERUTHURUTHY, THRISSUR. 2. K.P. LAKSHMI AMMA, KARAYANOOR PALASSERY HOUSE, PANJAL P.O., CHERUTHURUTHY, THRISSUR. BY ADV. SRI.I.DINESH MENON RESPONDENT: --------------- THE JOINT REGIONAL TRANSPORT OFFICER, WADAKKANCHERY. BY GOVERNMENT PLEADER SMT.N.SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J - - - - - - - - - - - - - - - - - - - - - - - W.P(C)No. 33840 of 2008 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of December, 2008. J U D G M E N T The first petitioner is the registered owner of a stage carriage vehicle. He transferred the same to the second petitioner. They filed a joint application for transfer of the permit in the name of the 2nd petitioner. The R.T.A. Palakkad, in its meeting held on 25.7.2008, granted the same. Based on that decision, the Secretary RTA Palakkad endorsed the transfer on the permit. But the respondent refuses to endorse the transfer in the RC particulars of the vehicles on the ground that he intends to conduct a separate enquiry regarding the bonafides of the transfer. According to the petitioner, once the RTA has sanctioned the transfer, respondent cannot sit in appeal over the same. The petitioner therefore seeks the following relief: “i. issue a writ of mandamus or such respondent, Joint Regional Transport Officer, Wadakkanchery to endorse the fact of transfer as relating to the vehicle KL-48 A 884 covered by permit on the route Thozhupadam-Shornur-Kayanayam, as granted by the RTA, Palakkad in its decision dated 25.7.2008, within a time frame as this Court may deem fit and proper;” 2. The learned Government Pleader could not satisfy me that the respondent can validly refuse to make the endorsement requested by W.P(C)No. 33840 of 2008 - 2 - the petitioner. However the learned Government Pleader submits that as directed by the RTA, the petitioner has to pay Government dues if any. However, the Government Pleader is not in a position to tell me as to whether there are any Government dues pending payment. In the above circumstances, the writ petition is disposed of with a direction to the respondent to see that the transfer particulars are endorsed in the RC book if no Government dues are pending payment by the petitioners in respect of the permit in question, within one week from the date of receipt of a copy of this judgment. S.SIRI JAGAN, JUDGE rhs