Rajeevkumar C.V vs The Secretary,Regional ...
2022 Latest Caselaw 12697 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. 42851 OF 2022
PETITIONER/S:

          RAJEEVKUMAR C.V
          AGED 49 YEARS
          S/O. VASUDEVAN, KODACHUTTIL SASTHALAYAM HOUSE,
          PANAMBRA, THENHIPALAM P.O., PIN-673636, MALAPPURAM
          DISTRICT.

          BY ADV SAJU J.VALLYARA


RESPONDENT/S:

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

          BY SMT. AMINA, GOVERNMENT PLEADER
     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. 42851 OF 2022


                                   -2-




                        JUDGMENT

Dated the 30th day of December 2022

The above writ petition is filed with the 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 vehicle KL-65-D-7368 with the vehicle KL-58-S-3466 operating on the route Kozhikode - Tirur touching Kadampuzha Temple covered by Exhibit P-1 regular permit, 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-65-D-7368 to

operate on the route Kozhikode - Tirur touching Kadampuzha

Temple which is valid upto 31.01.2026. According to the

petitioner, the vehicle has got a mechanical fault and the WP(C) NO. 42851 OF 2022

petitioner has purchased a brand new vehicle bearing registration

No. KL-58-S-3466 and he has submitted Ext.P2 application for

replacement. The same is not considered. Hence, this writ

petition.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader.

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-65-D-7368 with

the vehicle KL-58-S-3466 on the route Kozhikode - Tirur touching

Kadampuzha Temple.

Therefore, this writ petition is disposed of directing the

respondent to consider and dispose of Ext.P2 application

submitted by the petitioner for replacing the vehicle KL-65-D-

7368 with the vehicle KL-58-S-3466 on the route Kozhikode - WP(C) NO. 42851 OF 2022

Tirur touching Kadampuzha Temple, as expeditiously as

possible, at any rate within a period of one month from the date of

receipt of a copy of this judgment.

Sd/-

N.NAGARESH JUDGE

uu 30.12.2022 WP(C) NO. 42851 OF 2022

APPENDIX OF WP(C) 42851/2022

PETITIONER EXHIBITS Exhibit P1 PHOTOCOPY OF THE REGULAR PERMIT VIDE NO.KL1010/6140/1996 ISSUED BY THE RESPONDENT TO THE PETITIONER IN RESPECT OF STAGE CARRIAGE KL-65-D-7368 DATED 25.1.2021.

Exhibit P2 PHOTOCOPY OF THE APPLICATION FOR REPLACEMENT DATED 12.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. Exhibit P3 PHOTOCOPY OF THE JUDGMENT IN WP(C) NO.37182/2022 DATED 21.11.2022.