SWARNA PRABHA Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) The point that arises for decision in this case is, whether the R.T. A., while granting a permit or subsequently, can attach a condition to it, to the effect that the same shall not be transferred for a period of five years. The brief facts of the case are the following:

(2.) The petitioner purchased an autorickshaw bearing Registration No.KL-13 E 816 from one Shaju.V. It is already covered by a permit, valid upto 2009. It has been allowed to park within the Kannur municipal limits. The petitioner, along with the said Shaju submitted a joint application for transfer of the permit before the respondent on 1-4-2005. The said application is produced as Ext.P2. Later, that application was returned, stating that the permit of the vehicle, which was allowed to park in the municipal area, cannot be transferred, before the expiry of five years from the date of grant of the permit. The petitioner approached this Court, challenging the said stand of the respondents by filing W.P.(C). No. 15581/2005. This Court disposed of that Writ Petition, by Ext.P4 judgment, directing the R.T.A., to consider and pass orders on the said application. The R.T.A. considered and rejected the application, by Ext.P5 decision dated 27-10-2005. The said decision reads as follows:

(3.) The decision of the R.T.A. dated 19-1-2005 which the petitioner has quoted in para 3 of the Writ Petition reads as follows: