Kerala High Court

WP(C)/11581/2025 of MOHAMMED MUSTHAFA, Vs REGIONAL TRANSPORT AUTHORITY, on 8 April 2025

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W.P (C) No.11581/2025 -1- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 11581 OF 2025 PETITIONER/S: MOHAMMED MUSTHAFA, AGED 62 YEARS S/O. KOONATHIL MAYINKUTTY, KOONATHIL

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE GOPINATH P.

TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947

WP(C) NO. 11581 OF 2025

PETITIONER/S:

MOHAMMED MUSTHAFA,

AGED 62 YEARS

S/O. KOONATHIL MAYINKUTTY, KOONATHIL MADIRASSERRY, THRIKKANAPURAM, THAVANOOR, MALAPPURAM, PIN - 679573

BY ADV LAVARAJ M.G.

RESPONDENT/S:

REGIONAL TRANSPORT AUTHORITY,

REPRESENTED BY IS SECRETARY, REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O., MALAPPURAM, PIN - 676505

SECRETARY,

REGIONAL TRANSPORT AUTHORITY, REGIONAL TRANSPORT

OFFICE, CIVIL STATION P.O., MALAPPURAM, PIN - 676505

OTHER PRESENT:

SRI. SREEJITH V.S.,GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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J U D G M E N T

The petitioner has approached this court seeking an expeditious consideration of the request submitted by the petitioner for replacement of vehicle in respect of a renewed permit issued in terms of Ext.P3 decisoin of the Regional Transport Authority within a time frame to be fixed by this court.

2. The learned counsel for the petitioner submits that the petitioner may not be required to produce the current records of the outgoing vehicle for the purpose of considering the application for replacement. It is submitted that this issue is covered by Ext.P4 judgment of this court.

3. The learned Government Pleader submits that the petitioner will have to clear the tax arrears and also any other dues of outgoing vehicle and if the petitioner were to clear the tax arrears and other dues of outgoing vehicle the application for replacement can be considered without insisting for current records of the outgoing vehicle.

4. Having heard the learned counsel for the petitioner and the learned Government Pleader, this writ petition will stand disposed of directing that the application filed by the petitioner for replacement in connection with Ext.P3 renewed permit shall be considered by the competent among the

respondents without insisting for production of current records of the outgoing vehicle subject to the condition that the petitioner clears all tax arrears and other Government dues, in respect of the outgoing vehicle. Writ petition is disposed of accordingly. Sd/- GOPINATH P. JUDGE AMG

APPENDIX OF WP(C) 11581/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE REGULAR PERMIT NUMBER KL1010/8510/2003 ISSUED TO THE PETITIONER DATED 09.03.2021 Exhibit P2 TRUE COPY OF THE JUDGMENT IN WP[C] NO.21953/2024 DATE 27.6.2024 Exhibit P3 TRUE COPY OF THE PROCEEDINGS OF RTA, MALAPPURAM DATED 24.10.2024 Exhibit P4 A TRUE COPY OF THE JUDGMENT IN WP[C] NO.26595/2024 DATED 25.7.2024

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