IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27980 of 2009(N)
1. THE CHAIRMAN, PARENT-TEACHER ASSOCIATION
... Petitioner
Vs
1. THE REGIONAL TRANSPORT OFFICER,
... Respondent
For Petitioner :SRI.MOHAN PULIKKAL
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :13/10/2009
O R D E R
S.SIRI JAGAN, J.
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W.P(C).No.27980 of 2009
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Dated this the 13th day of October, 2009
J U D G M E N T
The petitioner claims to be the chairman of the Parent Teachers
Association (PTA) of the Kendriya Vidyalaya, Puranattukara, Thrissur.
According to the petitioner, the PTA represented by him has
undertaken the task of transporting students and teachers of the
school to and from the school. The school is said to be situated in a
remote place with very little public transport facilities. Therefore,
1400-odd school children are depending solely on the buses operated
by the PTA numbering 15. In view of the overcrowding in these buses,
the PTA is stated to have purchased a new bus. He submitted an
application for transfer of registration of the said vehicle under Section
50(1) of the Motor Vehicles Act. Ext.P3 is the application submitted by
the petitioner. The petitioner seeks a direction to the respondent to
consider and pass orders on Ext.P3 application expeditiously.
According to the petitioner, under Section 50(6) of the Act, the
respondent is bound to effect transfer of ownership on receipt of the
application in form No.30, which has been done by the petitioner.
2. The learned Government Pleader, on instructions, submits
that there is a serious dispute as to whether the PTA represented by
the petitioner is the real PTA and there is a rival PTA also. According
2
to the learned Government Pleader, the principal of the school
reported to the respondent that the association represented by the
petitioner is not the real parent teacher association.
3. Having heard both sides, I am of opinion that on receipt of
an application for transfer of registration, the respondent is bound to
pass orders either way and he cannot sit on it indefinitely. In the
above circumstances, the respondent is directed to consider and pass
orders on Ext.P3 as expeditiously as possible, at any rate, within one
month from the date of receipt of a certified copy of this judgment,
after affording an opportunity of being heard to the petitioner and a
representative of the principal of the school.
The writ petition is disposed of as above.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge