ALIAS E.M Vs. SECRETARY, REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) It is a classic case of the high-handedness at the hands of the Regional Transport Authority (RTA), Ernakulam of having not accepted the request of the petitioner No.1 for surrendering the permit issued for running the transport vehicle bearing No.KL-17 S 5315 submitted in accordance with the Rule 217 of the Kerala Motor Vehicle Rules, 1989.

(2.) Learned counsel appearing on behalf of the petitioners submitted that the withdrawal notice was submitted to the RTA on 22/4/2022. As and when such one month notice expressing the intention to surrender the permit is received by the office of the transport authority, the authority shall post copy of the notice on the notice board of the authority. It is contended that after expiry of 19 days the notice was published. The vehicle in question has already been sold to petitioner No.2 on 22/4/2022 but petitioner No.1 has to perform the marriage of his daughter and the balance consideration would be received only when the appropriate order is passed under Rule 217. It is contended that the certificate in this regard has to be issued as per the judgment of this Court in Ummer P. v. Regional Transport Authority, Malappuram and Another [2011 (2) KHC 372], but for want of the certificate predicament of the petitioner No.1 is writ large.

(3.) Sri.Justin Jacob, learned Government Pleader accepts notice and submits that the intention of withdrawing the permit ought to have been published immediately on receipt of such notice. Publishing of the same on 12/5/2022 cannot be attributed as a delay on the part of the RTA as the application was required to be examined after verification of the record.