Rasheed vs The Secretary
2021 Latest Caselaw 23374 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
  THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                       WP(C) NO. 23772 OF 2021
PETITIONER:

          P.RASHEED,AGED 50 YEARS,S/O KOMU HAJI, PARAMMAL
          HOUSE,PADAPARAMBA, VATTALLOOR P.O, MALAPPURAM DISTRICT.

          BY ADV SAJU J.VALLYARA



RESPONDENTS:

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

          SR. GP SMT.SHEEJA C.S


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) NO.23772 OF 2021
                              2



                          JUDGMENT

Petitioner is the holder of a regular permit in

respect of a stage carriage bearing registration

No.KL-10-S-3204. The permit expired on 28.12.2020.

The petitioner submitted an application for renewal

of permit, which is pending consideration. In the

meanwhile the petitioner seeks clearance to dispose

of the vehicle stating that it is a 2003 model bus

which has got rusted. The petitioner seeks for an

expeditious consideration of the application (Ext

P4).

2. Heard the learned counsel for the petitioner

and the learned senior Government Pleader.

3. In W.A No.568 of 2017 this Court held that,

in law, if transfer of vehicle pending an

application for renewal renders the application for

renewal infructuous, then the law will take its own

course and that the same need not be a reason for

non-consideration of such applications. W.P(C) NO.23772 OF 2021

In the light of the above, without expressing

anything on the merits, the writ petition is

disposed of directing the respondent to consider and

pass appropriate orders on Ext P4 application in

accordance with law, as expeditiously as possible

and at any rate within a period of two months from

the date of receipt of a copy of this judgment.

Sd/-

SATHISH NINAN JUDGE vdv W.P(C) NO.23772 OF 2021

APPENDIX OF WP(C) 23772/2021

PETITIONER EXHIBITS

Exhibit P1 PHOTOCOPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER'S STAGE CARRIAGE KL- 10-S-3204.

Exhibit P2 PHOTOCOPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF THE PETITIONER'S VEHICLE KL-10-S-3204.

Exhibit P3 PHOTOCOPY OF THE APPLICATION FOR RENEWAL DATED 15.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

Exhibit P4 PHOTOCOPY OF THE REQUEST DATED 03.09.2021 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

Exhibit P5 PHOTOCOPY OF THE JUDGMENT IN WPC NO.1837/2017 DATED 15.02.2017.

Exhibit P6 PHOTOCOPY OF THE JUDGMENT IN W.A NO.568/2017 DATED 23.03.2017.

Exhibit P7 PHOTOCOPY OF THE LETTER VIDE NO.SC2/10SEC/674/2021/K110 DATED 14.09.2021 ISSUED BY THE RESPONDENT.