JUDGMENT K.S. Radhakrishnan, J. 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: "82. Transfer of permit.- (1) Save as provided in sub-section (2) a permit shall not be transferable from one person to another except with the permission of the transport authority which granted the permit and shall not, without such permission, operate to confer on any person to whom a vehicle covered by the permit is transferred any right to use that vehicle in the manner authorised by the permit. (2) Where the holder of a permit dies, the person succeeding to the possession of the vehicle covered by the permit may, for a period of three months, use the permit as if it had been granted to himself: Provided that such person has, within thirty days of the death of the holder, informed the transport authority which granted permit of the death of the holder and of his own intention to use the permit: Provided further that no permit shall be so used after the date on which it would have ceased to be effective without renewal in the hands of the deceased holder. (3) The transport authority may, on application made to it within three months of the death of the holder of a permit, transfer the permit to the person succeeding to the possession of the vehicles covered by the permit: Provided that the transport authority may entertain an application made after the expiry of the said period of three months if it is satisfied that the applicant was prevented by good and sufficient cause from making an application within the time specified." As per S.82(1) a permit shall not be transferred from one person to another except with the permission of the transport authority which granted the permit save as provided in sub-section (2) of that section. Sub-section (2) says that where the holder of a permit dies, the person succeeding to the possession of the vehicle covered by the permit may, for a period of three months, use the permit as if it had been granted to himself, provided that such person has, within thirty days of the death of the holder to inform the transport authority which granted the permit of the death of the holder and of his own intention to use his permit. Transport authority may also on an application made to it within three months of the death of the holder of a permit, transfer the permit to the person succeeding to the possession of the vehicles covered by the permit. In the instant case we have concerned only with S.82(1) which deals with transfer of permit from one person to another for which permission of the transport authority who granted the permit is required. 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: "133(h). Power under sub-section (1) of S.82 of the Act to transfer or refuse to transfer a permit save in the case of stage carriages and power under sub-section (3) of S.82 of the Act in respect of all vehicles on the death of a permit holder." 4. R.133 of the Kerala Motor Vehicles Rules enables the Regional Transport Authority, for prompt and convenient despatch of business, by general or special resolution to delegate to the Secretary, any or all of the functions mentioned in sub clauses to that rule. Therefore power under R.133(h) could be exercised by the Secretary of the R.T.A. only if the same is delegated by general or special resolution by the Authority. According to the counsel, the power has already been delegated to Secretary, R.T.A. under R.133(h) of the Motor Vehicles Rules. 5. Therefore power under R.133(h) could be exercised by the Secretary of the R.T.A. only if the same is delegated by general or special resolution by the Authority. According to the counsel, the power has already been delegated to Secretary, R.T.A. under R.133(h) of the Motor Vehicles Rules. 5. Learned Government Pleader Sri N. Raghu Raj contended that even if power is delegated by general or special res ration to Secretary, R.T.A. that will take in only with regard to those permits excluding stage carriages. Learned Government Pleader laid emphasis on the words "save in the case of stage carriages" which figures in R.133(h) of the Kerala Motor Vehicles Rules. 6. I am of the view learned Government Pleader is right in his submission. Under S.82(1) of the Motor Vehicles Act, 1988 power has given only to the Regional Transport Authority who granted the permit to transfer a permit from one person to another. In other words, Act has given power only to Regional Transport Authority and not to the Secretary of that Authority. R.133 of the Kerala Motor Vehicles Rules enables the Regional Transport Authority only to delegate those functions which have been enumerated therein, which takes in sub clause (h), but excludes stage carriages permits. In other words, as far as transfer of permit of stage carriage is concerned, Secretary, R.T.A. has no power or jurisdiction to entertain an application so as to effect a transfer. 7.Therefore the contention of the counsel for the petitioner that this court should give the direction to the secretary,R.T.A. to entertain the application under Sec.82(1) of the Kerala Motor vehicles Act cannot be sustained. Iam of the view that R.T.A. would consider the said requist of the petitioner. Therefore original petition is disposed of giving a direction to the second respondent to entertain Ext.P3 apllication at the earliest, at any rate, with in a period of one month from the date of receipt of a copy of this judgement . If second respondent is not meeting with in the aforesaid time the same may be done by circulation within the time stipulated.