P.K. Biju vs K.P.Mahesh
2021 Latest Caselaw 2812 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

            THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

      MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942

            RP.No.1008 OF 2014(P) IN WP(C). 22543/2014

AGAINST THE JUDGMENT IN WPC NO.22543/2014 DATED 22-09-2014 OF HIGH
                         COURT OF KERALA


REVIEW PETITIONER/LEAVE PETITIONER:

             P.K. BIJU, AGED 52 YEARS, S/O.KARUNAKARAN
             PARAMBIL HOUSE, KUMARAKOM, KOTTAYAM.

             BY ADV. SRI.P.DEEPAK

RESPONDENTS/PETITIONER & RESPONDENT:

      1      K.P.MAHESH
             MAHESH MANDIRAM, MARIATHURUTHU P.O,
             KOTTAYAM-686017.

      2      THE SECRETARY
             REGIONAL TRANSPORT AUTHORITY
             KOTTAYAM-686001.

             R1 BY ADV. SRI.SAJU J.VALLYARA

             R2 BY SENIOR GOVERNMENT PLEADER SRI.MATHEW GEORGE
             VADAKKEL

     THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 25.01.2021,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 RP.No.1008 OF 2014(P)              2




                              O R D E R

Dated, this the 25th day of January, 2021

Review petition is filed seeking review of the judgment passed in the year 2014. The review petitioner specifically points out Annexure C to contend that the Certificate of Fitness of the vehicle expired on 23.04.2010 and the permit also expired on 11.08.2014. Hence, when the writ petition was filed, the vehicle having Registration No.KL-35/3802 did not have a Certificate of Fitness nor a valid permit. This Court finds that submissions made in the writ petition are clear abuse of process of Court. The respondent has not filed any reply, despite entering appearance.

In such circumstances, judgment dated 22.09.2014 in WP(C) No.22543 of 2014 is recalled and the review petition is allowed.

Sd/-

K.VINOD CHANDRAN, JUDGE sp/27/01/2021 //True Copy//

P.A. To Judge

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE-A A CERTIFIED COPY OF THE JUDGMENT DATED 22.09.2014 IN WPC NO.22543 OF 2014.

ANNEXURE-B A TRUE COPY OF THE TIMING HEARING NOTICE DATED 05.12.2014.

ANNEXURE-C A TRUE COPY OF THE COMMUNICATION DATED 12.09.2014 ISSUED BY THE PUBLIC INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE 2ND RESPONDENT IN RESPONSE TO THE QUERIES PUT FORWARD ON 13.08.2014.

ANNEXURE-D A TRUE COPY OF THE JUDGMENT DATED 27.11.2014 IN MVARP NO.241 OF 2014.

ANNEXURE-E A TRUE COPY OF THE DECISION OF THE RTA, KOTTAYAM DATED 06.11.2014 IN ITEM NO.37.