Prakashkumar vs The Secretary
2022 Latest Caselaw 452 Ker

                N THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SATHISH NINAN
    THURSDAY, THE 13TH DAY OF JANUARY 2022 / 23RD POUSHA, 1943
                         WP(C) NO. 1199 OF 2022
PETITIONER/S:

          PRAKASHKUMAR,S/O. NATRAJ, 1/294
          NORTH THOTTAM, KOTTATHARA,MANNARKKAD
          PALAKKAD DISTRICT - 678581

          BY ADV I.DINESH MENON


RESPONDENT/S:

          THE SECRETARY, REGIONAL TRANSPORT AUTHORITY
          PALAKKAD, REGIONAL TRANSPORT OFFICE
          PALAKKAD P.O., PALAKKAD - 678 001

          SR.GP:SRI.BIMAL K NATH
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1199 OF 2022                2


                             JUDGMENT

The application for regular permit was

granted as per Ext.P1 decision. The records of

the vehicle made available was not considered

by the authority, requiring the petitioner to

produce current records of a vehicle within

the upper age limit as specified in the

decision of STA dated 29.01.2019. As per the

decision of the STA referred to, the vehicle

should be under eight years of age. It is

aggrieved thereby that the petitioner has

approached this Court.

2. Heard Sri.I.Dinesh Menon, the learned

counsel for the petitioner and Sri.Bimal K

Nath, the learned senior Government Pleader.

3. The decision of the STA dated 29.01.2019

relied on by the RTA in Ext P1 decision, was

quashed by this Court in Shahubudheen and

others v State Transport Authority, Tvm and

others (2020(2) KHC 357). In the light

thereof, the direction in Ext P1 grant for

production of vehicle within the age limit

prescribed in the decision of STA dated

29.01.2019, cannot stand.

4. Accordingly it is directed that

production of vehicle in terms of the STA

decision dated 29.01.2019 shall not be

insisted upon for issuance of permit. Let

steps be taken for issuance of permit in

accordance with law, as expeditiously as

possible, and at any rate, within a period of

one month from the date of receipt of a copy

of this judgment.

Writ petition disposed of as above.

Sd/-

SATHISH NINAN JUDGE

sd

APPENDIX OF WP(C) 1199/2022

PETITIONER EXHIBITS Exhibit P1 TRUE EXTRACT OF THE DECISION IN ITEM NO.7 Exhibit P2 TRUE COPY OF THE RC BOOK OF KL-13 P

Exhibit P3 TRUE COPY OF THE NOTIFICATION DATED 29.01.2019 Exhibit P4 TRUE COPY OF THE JUDGMENT IN WPC NO.25526/2021 DATED 26.11.2021