Kerala High Court

WP(C)/42851/2022 of RAJEEVKUMAR C.V Vs THE SECRETARY,REGIONAL TRANSPORT AUTHORITY on 30 December 2022

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COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944 WP(C) NO. 42851 OF 2022 PETITIONER/S: RAJEEVKUMAR C.V AGED 49 YEARS S/O. VASUDEVAN, KODACHUTTIL SASTHALAYAM HOUSE, PANAMBRA, THENHIPALAM P.O., PIN-673636, MALAPPURAM

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE N.NAGARESH

FRIDAY, THE 30[TH] DAY OF DECEMBER 2022 / 9TH POUSHA, 1944WP(C) NO. 42851 OF 2022

PETITIONER/S:

RAJEEVKUMAR C.VAGED 49 YEARSS/O. VASUDEVAN, KODACHUTTIL SASTHALAYAM HOUSE, PANAMBRA, THENHIPALAM P.O., PIN-673636, MALAPPURAM DISTRICT.

BY ADV SAJU J.VALLYARA

RESPONDENT/S:

THE SECRETARY,REGIONAL TRANSPORT AUTHORITYMALAPPURAM, CIVIL STATION, UPHILL, MALAPPURAM P.O., PIN-676505, MALAPPURAM DISTRICT.

BY SMT. AMINA, GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON30.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENTDated the 30th day of December 2022

The above writ petition is filed with the following prayers :

“(i) Issue a writ of mandamus or any otherappropriate writ, direction or order directing therespondent to consider and dispose of Exhibit P2application submitted by the petitioner forreplacing the vehicle KL-65-D-7368 with thevehicle KL-58-S-3466 operating on the routeKozhikode – Tirur touching Kadampuzha Templecovered by Exhibit P-1 regular permit, within areasonable time limit to be fixed by this Hon'bleCourt

(ii) Grant such other reliefs as this Hon'ble Courtmay deem fit and proper in the circumstances ofthis case.”

2. The petitioner is the holder of a regular permit in respect of stage carriage bearing Registration No. KL-65-D-7368 to operate on the route Kozhikode – Tirur touching Kadampuzha Temple which is valid upto 31.01.2026. According to thepetitioner, the vehicle has got a mechanical fault and the petitioner has purchased a brand new vehicle bearing registration No. KL-58-S-3466 and he has submitted Ext.P2 application forreplacement. The same is not considered. Hence, this writpetition.

3. Heard the learned counsel for the petitioner and thelearned Government Pleader.

4. After hearing both sides, I think this writ petition itself can be disposed of directing the respondent to consider and dispose Ext.P2 application for replacing the vehicle KL-65-D-7368 withthe vehicle KL-58-S-3466 on the route Kozhikode – Tirur touchingKadampuzha Temple.

Therefore, this writ petition is disposed of directing the respondent to consider and dispose of Ext.P2 applicationsubmitted by the petitioner for replacing the vehicle KL-65-D-7368 with the vehicle KL-58-S-3466 on the route Kozhikode –

Tirur touching Kadampuzha Temple, as expeditiously aspossible, at any rate within a period of one month from the date ofreceipt of a copy of this judgment.

Sd/- N.NAGARESH JUDGE

uu

30.12.2022

APPENDIX OF WP(C) 42851/2022

PETITIONER EXHIBITSExhibit P1PHOTOCOPY OF THE REGULAR PERMIT VIDE NO.KL1010/6140/1996 ISSUED BY THE RESPONDENT TO THE PETITIONER IN RESPECT OF STAGE CARRIAGE KL-65-D-7368 DATED 25.1.2021.Exhibit P2PHOTOCOPY OF THE APPLICATION FOR REPLACEMENT DATED 12.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.Exhibit P3PHOTOCOPY OF THE JUDGMENT IN WP(C) NO.37182/2022 DATED 21.11.2022.

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