B. Anil Kumar vs The Regional Transport Authority and The Secretary

P.N. Ravindran, J.—The Petitioner and the 3rd Respondent are the children of late Sri. A.V. Bhargavan, who was the Managing Partner of the firm M/s. A.V. Bhargavan & Sons. The firm had various business activities including the operation of a stage carriage bearing registration No. KL-01/D 8577 on the route Chirayinkeezhu -Kulathupuzha. Sri. A.V. Bhargavan passed away on 15.10.2005. The Petitioner claims that even during his lifetime Sri. A.V. Bhargavan had transferred the stage carriage permit and the stage carriage to him. It appears that the 3rd Respondent was operating the stage carriage on the death of her father and she had applied to the Regional Transport Authority, Attingal, for transfer of the permit in her name and for renewal of the regular permit. It is also not in dispute that pending renewal of the regular permit, the 3rd Respondent has been operating the stage carriage on the strength of temporary permits. When the application for regular permit was not disposed of, the 3rd Respondent filed W.P(C) No. 14105 of 2007 in this Court. By Ext.P1 judgment delivered on 2.5.2007 a learned single Judge of this Court directed the Regional Transport Officer, Attingal to consider the application for transfer of ownership of the vehicle, if it has been received and has not been finally disposed of, within two months from the date of receipt of a copy of the judgment. The Regional Transport Authority, Thiruvananthapuram (Rural) that met on 19.9.2007 considered the said direction and directed the Secretary of the Regional Transport Authority to implement the said direction. Meanwhile the Petitioner herein filed W.P(C) No. 21916 of 2008 seeking a direction to the Regional Transport Officer, Attingal to consider his application for transfer of ownership of the vehicle taking note of the fact that by Ext.P1 judgment this Court had already directed the said officer to take a decision on the 3rd Respondent''s application for transfer of ownership of the vehicle. By Ext.P3 judgment this Court directed the said officer to take into account the request of the Petitioner also while passing orders pursuant to Ext.P1 judgment. The Regional Transport Officer thereafter considered the applications submitted by the Petitioner and the 3rd Respondent for transfer of the permit and adjourned the applications indefinitely on the ground that both parties are yet to produce the legal heirship certificate. In this writ petition the Petitioner seeks a direction to the Regional Transport Officer, Attingal, who is the Secretary of the Regional Transport Authority, Thiruvananthapuram (Rural) to consider his application for temporary permit on the route Sasthannada - Chirayinkil (via) Madathara along with the application of the 3rd Respondent. The father of the Petitioner and the 3rd Respondent passed away on 15.10.2005. More than five years have passed thereafter. The dispute as regards the right to operate the stage carriage has not so far been resolved. Though in the nature of the relief sought in the writ petition, the writ petition has apparently become infructuous, I am of the opinion that having regard to the nature of the relationship between the parties and the rival claims made by them to operate the stage carriage, the Secretary of the Regional Transport Authority should take a decision on the application for transfer of permit submitted by both of them and take an appropriate decision thereon having due regard to the provisions governing such transfer.

I accordingly dispose of the writ petition with a direction to the second Respondent to consider the applications submitted by the Petitioner and the 3rd Respondent for transfer of the permit of the stage carriage bearing registration No. KL-01/D 8577 and for renewal of the regular permit in respect of that vehicle in accordance with the relevant provisions contained in the Motor Vehicles Act, 1988 and take an appropriate decision thereon expeditiously and in any event within two months from the date on which either of the parties produce a certified copy of this judgment before the Secretary of the Regional Transport Authority. The second Respondent shall before taking a decision in the matter, afford the Petitioner and the 3rd Respondent an opportunity to put forward their contentions and shall, after orders are passed, communicate copies thereof to them simultaneously.