Noushad C.S vs The Secretary, Regional ...
2023 Latest Caselaw 5465 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. 14797 OF 2023
PETITIONER/S:

           NOUSHAD C.S.
           AGED 47 YEARS
           S/O C.M. SYED,
           CHOLAPPADATH HOUSE, EDAKKURISSI,
           KARIMBA P.O., MANNARKKAD,
           PALAKKAD DISTRICT, PIN - 678597

           BY ADV SAJU J.VALLYARA


RESPONDENT/S:

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



           GP SRI.K.M FAIZAL


     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. 14797 OF 2023
                                     2

                              JUDGMENT

This writ petition is filed seeking the following relief:

"(i) Issue a writ of mandamus or any other appropriate writ, direction or order, directing the respondent to consider and dispose of Exhibit P-2 application submitted by the petitioner for replacement of vehicle KL-51-F-4455 by a hired vehicle KL-08- BH-1841 within a reasonable time limit to be fixed by this Honourable Court."

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

respect of stage carriage bearing Reg. No. KL-51/F-4455 to

operate on the route Palakkad - Kozhikkode. The permit is valid

upto 16.02.2025. Since the petitioner's vehicle has severe engine

faults, he was unable to conduct service smoothly and therefore,

acquired a leased vehicle bearing Registration No. KL-08/BH-

1841 for replacing the existing vehicle. Accordingly, he submitted

Ext.P2 application for replacement of vehicle, but the respondent

has not considered the application due to the fact that it is a hired

vehicle. The petitioner relies on Ext.P4 judgment, which follows a

judgment of this Court in Anilkumar v. R.T.A., Kollam [2010

(1) KLT 758].

WP(C) NO. 14797 OF 2023

3. Heard Sri. Saju J. Vallyara, the learned counsel

appearing for the petitioner and Sri. K.M. Faizal, the learned

Government Pleader.

4. The learned Government Pleader on instructions, submits

that, if the reason mentioned in the writ petition alone is the

ground for not considering the application, there can be a

direction to consider Ext. P2 application.

5. In that view of the matter, this writ petition is disposed

of directing the respondent to take up, consider and pass orders

on Ext.P2 application in the light of the dictum laid down by this

Court in Anilkumar v. R.T.A., Kollam [2010 (1) KLT 758].

Orders, as directed above, shall be passed expeditiously, in any

event, within a period of one month from the date of production of

a copy of this judgment. It would be open to the petitioner to

produce a copy of the writ petition and the judgment before the

concerned respondent for further action.

Sd/-

MURALI PURUSHOTHAMAN JUDGE avs WP(C) NO. 14797 OF 2023

APPENDIX OF WP(C) 14797/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE REGULAR PERMIT VIDE NO.

KL/1010/514/2000 DATED 22.02.2023 ISSUED BY THE RESPONDENT TO THE PETITIONER IN RESPECT OF STAGE CARRIAGE KL-51-F-4455

Exhibit P2 TRUE PHOTOCOPY OF THE REPLACEMENT APPLICATION DATED 10.04.2023 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT

Exhibit P3 TRUE PHOTOCOPY OF THE COVERING LETTER DATED 10.04.2023 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT ALONG WITH EXHIBIT P-2 APPLICATION

Exhibit P4 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P. (C) NO.

32376/2022 DATED 12.10.2022 OF THE HON'BLE HIGH COURT OF KERALA.