Kerala High Court

WP(C)/41909/2017 of PAVITHRAN Vs THE SECRETARY, REGIONAL TRANSPORT AUTHORITY on 29 December 2017

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COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939 WP(C).No. 41909 of 2017 (K) ---------------------------- PETITIONER(S): ----------------------- PAVITHRAN, THAVARANTAVIDA HOUSE, P.O.BHOOMIVATHUKKAL,

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939

WP(C).No. 41909 of 2017 (K)

----------------------------

PETITIONER(S):

-----------------------

PAVITHRAN, THAVARANTAVIDA HOUSE, P.O.BHOOMIVATHUKKAL, VADAKARA.

BY ADV. SRI.I.DINESH MENON

RESPONDENT(S):

-------------------------

THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, VADAKARA- 673 101.

BY GOVERNMENT PLEADER SRI.P.M.MANOJ

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

TS

WP(C).No. 41909 of 2017 (K)

---------------------------------------- APPENDIX

PETITIONER(S)' EXHIBITS

---------------------------------------

EXHIBIT P1 TRUE COPY OF THE PERMIT ISSUED TO PETITIONER.

EXHIBIT P2 TRUE COPY OF THE RC BOOK OF KL-18 H 7747.

EXHIBIT P3 TRUE COPY OF THE LEASE AGREEMENT DATED 28/11/2017.

EXHIBIT P4 TRUE COPY OF THE REPLACEMENT APPLICATION SUBMITTED BY THE PETITIONER. THE PETITIONER.

EXHIBIT P5 TRUE COPY JUDGMENT IN WPC NO.20535/2017 DATED 21/6/17.

RESPONDENT(S)' EXHIBITS - NIL

------------------------------------------------ /TRUE COPY/

PS TO JUDGE

TS

DEVAN RAMACHANDRAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.41909 of 2017

- - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29[th] day of December, 2017

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JUDGMENT

The petitioner claims to be a permit holder for operating a stage carriage with respect to a particular vehicle. Since thatvehicle was not in its operational best, he applied forreplacement of the vehicle with a leased vehicle of a lessermodel but with higher mechanical efficiency and overallcondition by making Ext.P4 application. The petitioner saysthat the same has not been considered by the competentauthority even though they are under a statutory obligation todo so.

2. I have heard the learned counsel for the petitionerand the learned Government Pleader appearing for therespondents.

3. Since I see that the petitioner has submitted Ext.P4application before the respondent who is the competentauthority under the applicable Motor Vehicles Act and Rules Isee no reason why the application should not be directed to beconsidered and disposed of by the said authority.

W.P.(c).No.41909 of 2017

4. In fact, I notice that these issues have been answered in favour of the petitioner by a Division Bench of this Court inW.A.No.1466/2017 and I am obligated to follow the ratio in thesaid judgment.

5. I therefore direct the respondent to take up Ext.P4application preferred by the petitioner and consider it on itsmerits and dispose it of after following due procedure advertingto the road worthiness of the vehicle and its over all conditionsnotwithstanding whether the vehicle is leased or otherwise, asexpeditiously as possible, but not later than three weeks from thedate of receipt of a copy of this judgment.

The writ petition is disposed of.

Sd/-

DEVAN RAMACHANDRANJUDGE

sm/

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