Ubaid Kunnakkattu vs The Secretary, Regional ...
2023 Latest Caselaw 8315 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
      THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
 TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                     WP(C) NO. 22405 OF 2023
PETITIONER:

            UBAID KUNNAKKATTU,
            AGED 32 YEARS
            S/O. MOHAMMED,
            KUNNAKKATTU HOUSE,
            KALPAKANCHERI P. O., PARAVANNUR,
            MALAPPURAM DISTRICT, PIN - 676 551.

            BY ADV SAJU J.VALLYARA


RESPONDENT:

            THE SECRETARY,
            REGIONAL TRANSPORT AUTHORITY,
            MALAPPURAM, CIVIL STATION,
            UP HILL, MALAPPURAM P. O.,
            MALAPPURAM DISTRICT, PIN - 676 505.

            SMT. PARVATHY - GP



     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   01.08.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C).No.22405 OF 2023

                                   2



                             JUDGMENT

The petitioner is the holder of a regular permit in

respect of a stage carriage bearing Registration

No.KL-55-9342, operating on the route Pakara -

Kottakkal. Ext.P1 permit is valid up to 24.11.2023.

Since the above vehicle is a 2006 model and has got

mechanical faults, the petitioner cannot operate the

same. In the said vacancy, he is operating the

service with another stage carriage bearing

Registration No.KL-56-N-3160, on the basis of a

temporary permit. The petitioner has submitted

Ext.P2 application for replacement of the existing

vehicle (KL-55-9342) with stage carriage bearing

Registration No.KL-56-N-3160. The learned counsel

for the petitioner submits that the incoming vehicle is

a later model with more seating capacity and there is

no material difference between the outgoing vehicle WP(C).No.22405 OF 2023

and the incoming vehicle. The limited prayer of the

petitioner is for a direction to the respondent to

consider and pass appropriate orders on Ext.P2

application.

2. Heard the learned counsel for the petitioner

and the learned Government Pleader.

3. In the facts and circumstances of the case

and also taking note of the submissions made across

the Bar, there will be a direction to the respondent to

consider and pass appropriate orders on Ext.P2

application for replacement, within a period of one

month from the date of receipt of a copy of this

judgment.

The writ petition is disposed of accordingly

Sd/-

MURALI PURUSHOTHAMAN JUDGE SPR WP(C).No.22405 OF 2023

APPENDIX

PETITIONER'S EXHIBITS:-

EXHIBIT P1 TRUE PHOTOCOPY OF THE REGULAR PERMIT DATED 05.06.2023 VIDE NO. KL1010/861/1998 ISSUED BY THE RESPONDENT TO THE PETITIONER IN RESPECT OF STAGE CARRIAGE KL-55-9342.

EXHIBIT P2 TRUE PHOTOCOPY OF THE APPLICATION FOR REPLACEMENT DATED 09.06.2023 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

     RESPONDENT'S EXHIBITS:    NIL.