G. Anand vs The Secretary
2023 Latest Caselaw 6456 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
    TUESDAY, THE 13TH DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                      WP(C) NO. 16667 OF 2023
PETITIONER:

          G. ANAND,
          AGED 40 YEARS
          S/O GOPIKRISHANAN, VALIYAVEETTIL HOUSE,
          POLPULLY, PALAKKAD, PIN - 678552

          BY ADVS.     ANUMOD B.NAIR
                       G.CHITRA
                       K.V.GOPINATHAN NAIR


RESPONDENT:

          THE SECRETARY,
          REGIONAL TRANSPORT AUTHORITY, PALAKKAD
          KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD,
          PIN - 678001

          SRI. SREEJITH V.S.

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.16667/2023

                                       -:2:-




                       Dated this the 13th day of June,2023

                              JUDGMENT

The writ petition is filed to direct the respondent

to grant replacement of the petitioner's vehicle as

sought for in Ext P2 application before the expiry of

the validity of Ext P1 permit.

2. The petitioner's case is that, he is the holder

of a regular permit to operate on the route

Gopalapuram - Palakkad which permit is valid till

22.06.2023. The petitioner has submitted Ext P2

application in terms of Section 83 of the Motor Vehicles

Act, 1988 read with Rule 174 of the Kerala Motor

Vehicles Rules,1989, for the replacement of the permit

with another vehicle. Hence, the respondent may be

directed to consider and dispose of Ext P2

expeditiously. Hence, the writ petition.

3. Heard; Sri. K.V.Gopinathan Nair, the learned W.P.(C)No.16667/2023

counsel appearing for the petitioner and Sri. Sreejith

V.S., the learned Government Pleader appearing for

the respondent.

4. Having considered the pleadings and

materials on record, and taking note of the fact that

Ext P2 application is pending consideration before the

respondent since 17.05.2023 and the validity of Ext P1

would expire on 22.06.2023, I deem it appropriate to

dispose of the writ petition as follows:

(i) The respondent is directed to consider and dispose of Ext P2 application, in accordance with law and as expeditiously as possible, at any rate, within a period of one week from the date of receipt of a certified copy of this judgment.

(ii) It is made clear that this Court has not expressed anything on the merits of Ext P2 application in the writ petition.

W.P.(C)No.16667/2023

The writ petition is ordered accordingly.

Sd/-

                                     C.S.DIAS,JUDGE

DST/13.06.23                                       //True copy//

                                                   P.A.To Judge
 W.P.(C)No.16667/2023






                              APPENDIX


PETITIONER EXHIBITS
EXHIBIT P1          TRUE COPY OF THE SAID REGULAR PERMIT ISSUED
                    ON 8.5.2018

EXHIBIT P2             TRUE COPY OF THE APPLICATION SUBMITTED BY

THE PETITIONER IN PRESCRIBED FORM DATED 17.5.2023

RESPONDENT'S EXHIBITS: NIL