The petitioner is aggrieved with the refusal of endorsement of transfer of permit as well as the vehicle, by the Secretary. The RTA allowed transfer of permit by Ext.P3. However, there was some delay in producing a vehicle which was done only by Ext.P4 on 23.07.2014. The Secretary is refusing to accept the same only on account of the period in Rule 159 of the Kerala Motor Vehicles Rules, 1989, having expired. The learned counsel produces a judgment of this Court in W.P.(C). 11205/2008 dated 23.05.2008 wherein it has been stated that - “As already noticed Rule 178 deals with transfer of permit. A reading of Rule 178 shows that there is no time limit prescribed for production of records unlike the provisions in Rule 159 of the Kerala Motor Vehicles Rules which WP(C).33190/14 2 is relevant insofar as the grant of permit are concerned. In the absence of any express provision incorporating the provisions of Rule 159 into the provisions of Rule 178, I am not in a position to uphold the findings to that effect in Ext.P6 or accept the contentions raised by the Government Pleader. Therefore I am of the view that the time prescribed is inapplicable in the case of the petitioner and for that reason Exts.P6 and P8 deserve to be set aside and I do so.”
In the above circumstances, since Rule 159 is not applicable, the Secretary shall take into its files the application preferred by the petitioner, consider the same and allow it if there is no other legal impediment.
Writ petition disposed of.
Sd/-
K.VINOD CHANDRAN Judge Mrcs //True Copy//