A.G.Joshy v. The Regional Transport Authority, Thrissur

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 15TH DAY OF JANUARY 2015/25TH POUSHA, 1936 WP(C).No. 1385 of 2015 (W) --------------------------------------- PETITIONER(S):

---------------------- A.G.JOSHY, ALOOR KIZHAKOOTTU HOUSE, ATTATHURA, P.O.KUNDANNOOR, ERUMAPETTY, THRISSUR.

BY ADV. SRI.G.PRABHAKARAN RESPONDENT(S):

------------------------- 1.

THE REGIONAL TRANSPORT AUTHORITY, THRISSUR, REPRESENTED BY ITS SECRETARY, PIN-680003. 2.

THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR-680003. BY SENIOR GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ

WP(C).No. 1385 of 2015 (W) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS ---------------------------------- P1:

COPY OF THE PERMIT WITH ITS NO.C3/35/2000/R WITH STAGE CARRIAGE KL 8/W 1015 P2:

COPY OF THE PERMIT WITH ITS NO.8/27/1997 WITH STAGE CARRIAGE KL 8/X 9527 P3:

COPY OF THE PERMIT WITH ITS NO.8/59/1995 WITH STAGE CARRIAGE KL 8/X 7095 P4:

COPY OF THE PERMIT WITH ITS NO.8/313/2003 WITH STAGE CARRIAGE KL 8/Z 1600 P5:

COPY OF THE PERMIT WITH ITS NO.C3/08/2001 WITH STAGE CARRIAGE KL 8AB 5023 P6:

COPY OF THE PERMIT WITH ITS NO.8/38/1997 WITH STAGE CARRIAGE KL 48/B 3754 P7:

COPY OF THE DEATH CEARTIFICATE WITH ITS REGISTRATION NO.2930/14 P8:

COPY OF THE RELATIONSHIP CERTIFICATE DATED 5/1/14 P9:

COPY OF THE TRANSFER APPLICATION DATED 8/1/15 WITHITS VEHICLE NO.KL 48/B 3754 P10:

COPY OF THE TRANSFER APPLICATION DATED 8/1/15 WITHITS VEHICLE NO.KL8/X 9527 P11:

COPY OF THE TRANSFER APPLICATION DATED 8/1/15 WITHITS VEHICLE NO.KL8/W 1015 P12:

COPY OF THE TRANSFER APPLICATION DATED 8/1/15 WITHITS VEHICLE NO.KL8/X 7095 P13:

COPY OF THE TRANSFER APPLICATION DATED 8/1/15 WITHITS VEHICLE NO.KL 8/Z 1600 P14:

COPY OF THE TRANSFER APPLICATION DATED 8/1/15 WITHITS VEHICLE NO.KL.8/AB 5023.

RESPONDENTS/ EXHIBITS -------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 1385 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of January, 2015

J U D G M E N T

The petitioner is said to be the only legal heir of one A.L George, who had been carrying on stage carriage services as per Exts.P1 to P6 permits. The petitioner has filed an application for transfer of the permit in the petitioner's name on the strength of Ext.P8 certificate issued by the Village Officer. The petitioner contends that the death of his father was intimated to the authority and the next meeting of the RTA is scheduled on 29.01.2015, on which date the same may be posted for consideration.

2. It is submitted by the learned Government Pleader that, in any event, the Rules provide for operation of stage carriages by the legal heirs for three months from the death of the permit holder even without transfer of permit.

WPC.No.1385/2015 : 2 :

3. In such circumstance, the respondent authority shall, if possible, within three months from the date of death; so as to ensure that the petitioner's services are not stopped for reason only of the transfer not being effected.

Writ petition is disposed of.

Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge