Kerala High Court

WP(C)/42919/2022 of SURESH, Vs THE SECRETARY,REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, 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. 42919 OF 2022 PETITIONER SURESH, AGED 45 YEARS S/O.VELAYUDHAN,POOTHALASSERI HOUSE, THUYYAM, KALLAM MUKKU, EDAPPAL, PIN-679 576, MALAPPURAM DISTRICT. BY ADV

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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. 42919 OF 2022

PETITIONER

SURESH,

AGED 45 YEARSS/O.VELAYUDHAN,POOTHALASSERI HOUSE, THUYYAM, KALLAM MUKKU,EDAPPAL, PIN-679 576, MALAPPURAM DISTRICT.

BY ADV SAJU J.VALLYARA

RESPONDENT:

THE SECRETARY,REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, CIVIL STATION, UP HILL, MALAPPURAM P.O., PIN-676 505, MALAPPURAM DISTRICT.

SMT.ANIMA - GP

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

WP(C) NO.42919 OF 2022

JUDGMENT

Dated this the 30[th] day of December, 2022

The writ petition is filed with 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 for replacing thestage carriage KL-52B-1363 with the stage carriage KL-54P-0069 on the route Edappal-Kunnankulam, within areasonable time limit to be fixed by this Hon'ble Court.

(ii) Grant such other reliefs as this Hon'ble Court maydeem fit and proper in the circumstances of this case.”

2. The petitioner is the holder of a Regular Permit in respect of Stage Carriage bearing registration No.KL-52B-1363 to operate on the route Edappal –Kunnamkulam which isvalid upto 12.11.2026. According to the petitioner, the vehicle has got a mechanical fault and the petitioner has purchased abrand new vehicle bearing registration No.KL-54P-0069 andhe has submitted Ext.P2 application for replacement. Thesame is not considered. Hence, this writ petition.

WP(C) NO.42919 OF 2022

3. Heard the learned counsel for the petitioner and the learned Government Pleader representing the respondent.

4. After hearing both sides, I think this writ petition itself can be disposed of directing the respondent to consider anddispose Ext.P2 application for replacing the vehicle KL-52B-1363 with the vehicle KL-54P-0069 on the route Edappal-Kunnamkulam.

Accordingly, the writ petition is disposed of directing respondent to consider and dispose of Ext.P2 applicationsubmitted by the petitioner for replacing the vehicle KL-52B-1363 with the vehicle KL-54P-0069 on the route Edappal-Kunnakulam as expeditiously as possible, at any rate withinone month from the date of receipt of a copy of this judgment.

sd/-

hmh

N.NAGARESH

JUDGE

APPENDIX OF WP(C) 42919/2022

PETITIONER EXHIBITS

RESPONDENT’S EXHIBITS : NIL

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