Eswaramoothy vs The Secretary
2023 Latest Caselaw 5462 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
      FRIDAY, THE 28TH DAY OF APRIL 2023 / 8TH VAISAKHA, 1945
                      WP(C) NO. 14753 OF 2023
PETITIONER:

          ESWARAMOOTHY
          AGED 50 YEARS
          S/O. DAIVASIKHAMANI, NO. 31/177, JANA APARTMENT,
          KALLEMPADAM, NILAMBUR, MALAPPURAM DISTRICT,, PIN -
          679329

          BY ADV O.D.SIVADAS



RESPONDENT:

          THE SECRETARY
          REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, PALAKKAD,
          PIN - 678001


OTHER PRESENT:

          GP SRI.JIMMY GEORGE




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14753 OF 2023
                                       2

                     MURALI PURUSHOTHAMAN, J.
                      ---------------------------------
                         W.P.(C).No.14753 of 2023
                      --------------------------------------
                   Dated this the 28th day of April, 2023

                                JUDGMENT

The above writ petition is filed with the following prayers;

"(I) Issue a writ of mandamus or other appropriate writ, order or direction to the respondent to entertain Ext.P2 request application for replacement and pass orders granting replacement as sought for by the petitioner, by declaring that the production of leased vehicle is not a ground to deny replacement.

(ii) Grant the petitioner such other reliefs which this Hon'ble court deem just and fit in the circumstane of hte case." (SIC)

2. Petitioner is the holder of Ext.P1 regular permit in respect

of stage carriage KL-12/D-6199 to operate on the route

Vazhikadavu-Palakkad. The permit is valid upto 30.01.2027.

According to the petitioner, as the vehicle has got serious engine

faults, the petitioner was not in a position to conduct service

smoothly and therefore, he acquired a vehicle bearing Registration

No.KL-58/D-4689 for replacing the existing vehicle. Accordingly he

submitted Ext.P2 application for replacement, but the respondent

has not considered the same.

WP(C) NO. 14753 OF 2023

3. Heard the learned Counsel for the petitioner and the

learned Government Pleader.

4. The learned counsel for he petitioner reiterated his

contentions in the writ petition. The Government Pleader, on the

other hand, submitted that if the reason mentioned in the writ

petition alone is the ground for not considering an application, there

can be a direction to consider that application. The learned counsel

for the petitioner submitted that it is the only reason for not

entertaining the application. If that is the case, there can be a

direction to the respondent to consider Ext.P2.

Therefore, this writ petition is disposed of directing the

respondent to consider Ext.P2 application for replacement of the

vehicle in the light of the dictum laid down by this Court in Anilumar

v.R.T.A., Kollam [2010 (1)KLT 758] as expeditiously as possible,

at any rate, within thirty days from the date of receipt of a copy of

this judgment.

Sd/-

MURALI PURUSHOTHAMAN JUDGE saap WP(C) NO. 14753 OF 2023

APPENDIX OF WP(C) 14753/2023

PETITIONER EXHIBITS

Exhibit P1 . TRUE COPY OF THE REGULAR PERMIT DATED 29.07.2022 OF STAGE CARRIAGE NO. KL 12/D 6199, VALID TILL 30.01.2027

Exhibit P2 THE COPY OF THE APPLICATION DATED 28.03.2023

//True copy// PA to Judge