Suresh vs The Secretary,Regional ...
2022 Latest Caselaw 12693 Ker

                 IN THE HIGH 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 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 ON
30.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.42919 OF 2022
                                      2


                            JUDGMENT

Dated this the 30th day of December, 2022

The writ petition is filed with following prayers :

"(i) Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondent to consider and dispose of Exhibit P2 application submitted by the petitioner for replacing the stage carriage KL-52B-1363 with the stage carriage KL- 54P-0069 on the route Edappal-Kunnankulam, within a reasonable time limit to be fixed by this Hon'ble Court.

(ii) Grant such other reliefs as this Hon'ble Court may deem 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 is

valid upto 12.11.2026. According to the petitioner, the vehicle

has got a mechanical fault and the petitioner has purchased a

brand new vehicle bearing registration No.KL-54P-0069 and

he has submitted Ext.P2 application for replacement. The

same 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 and

dispose 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 application

submitted 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 within

one month from the date of receipt of a copy of this judgment.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.42919 OF 2022

APPENDIX OF WP(C) 42919/2022

PETITIONER EXHIBITS

Exhibit P1 PHOTOCOPY OF THE REGULAR PERMIT VIDE NO.KL 1010/574/2001 ISSUED BY THE RESPONDENT TO THE PETITIONER IN RESPECT OF STAGE CARRIAGE KL 52 B 1363 DATED 30.11.2021.

Exhibit P2 PHOTOCOPY OF THE APPLICATION FOR REPLACEMENT DATED 22.08.2022 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT Exhibit P3 PHOTOCOPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT ON 07.12.2022.

Exhibit P4 PHOTOCOPY OF THE JUDGMENT IN WPC NO.37182/2022 DATED 21.11.2022.

RESPONDENT'S EXHIBITS : NIL