T. G. VIJAYAN Vs. BALAKRISHNA ROAD LINE

JUDGEMENT

(1.) The question that has come up for consideration in this case is whether Secretary, R.T. A. has got the power under R.133 of the Kerala Motor Vehicles Rules to entertain application for transfer of permit in respect of a stage carriage.

(2.) S.82 of the Motor Vehicles Act, 1988 deals with transfer of permit. The said provision is extracted below:

(3.) According to the counsel, the authority who granted the permit is the R.T.A., Malapuram in respect of the stage carriage under S.72 of the Motor Vehicles Act. According to the counsel, Secretary of the Regional Transport Authority could entertain a joint application filed under S.82 read with R.178 of the Kerala Motor Vehicles Rules. Counsel submitted R.133(h) authorises the Secretary to entertain such an application. In this connection it is profitable to refer to R.133(h) of the Motor Vehicles Rules which is extracted below: