Sreeja C vs The Secretary, Regional ...
2023 Latest Caselaw 5578 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
     THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
  FRIDAY, THE 12TH DAY OF MAY 2023 / 22ND VAISAKHA, 1945
                 WP(C) NO. 15527 OF 2023
PETITIONER:

         SREEJA C.
         AGED 30 YEARS
         W/O. MADHU, NADUPARAMBIL HOUSE, KUNNATHARA P.O.,
         KOYILANDY, KOZHIKODE DISTRICT, PIN - 673321
         BY ADV SAJU J.VALLYARA


RESPONDENT:

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

         GOVT.PLEADER SRI SYAMANTHAK


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.05.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP.(C) No. 15527 of 2023

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                    SHOBA ANNAMMA EAPEN, J.
                  -----------------------------------------
                       WP.(C) No. 15527 of 2023
                   ----------------------------------------
                 Dated this the 12th day of May, 2023


                              JUDGMENT

The 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 Ext.P2 application submitted by the petitioner for replacement of vehicle KL-56-D-6791 by a hired vehicle KL-45-S-9395 within a reasonable time limit to be fixed by this Hon'ble Court."

2. Petitioner is the holder of Ext.P1 regular

permit in respect of stage carriage bearing Reg.No. KL-56-D-

6791 to operate on the route Changaramkulam-Kuttiadi.

The permit is valid up to 28.11.2026. 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-45-S-9395 for replacing the

existing vehicle. Accordingly, he submitted Ext.P2

application for replacement of vehicle, but the respondent WP.(C) No. 15527 of 2023

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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.TA., Kollam [2010 (1) KLT 758].

3. Heard the learned counsel for the petitioner

and the learned Government Pleader.

4. I am of the opinion that since this Court had,

in other writ petitions, granted identical reliefs, petitioner be

granted similar relief. Accordingly, this writ petition is

disposed of directing the respondent to consider and pass

orders on Ext.P2 application in the light of the decision in

Anilkumar (supra). Orders shall be passed as expeditiously

as possible, at any rate, 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/-

                                   SHOBA ANNAMMA EAPEN,
MBS/                                           JUDGE
 WP.(C) No. 15527 of 2023

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                  APPENDIX OF WP(C) 15527/2023

PETITIONER EXHIBITS
Exhibit P1        TRUE PHOTOCOPY OF THE REGULAR PERMIT

VIDE NO. KL1010/6163/2001 ISSUED BY THE RESPONDENT TO THE PETITIONER IN RESPECT OF STAGE CARRIAGE KL-56-D-6791 Exhibit P2 TRUE PHOTOCOPY OF THE REPLACEMENT APPLICATION DATED 02.05.2023 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT Exhibit P3 TRUE PHOTOCOPY OF THE COVERING LETTER DATED 02.05.2023 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. 14797/2023 DATED 28.04.2023