Hariz vs The Secretary
2023 Latest Caselaw 5593 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. 15696 OF 2023
PETITIONER:

              HARIZ
              AGED 44 YEARS
              S/O PAREED KUNJU KARMAGEZHAM, KURAVANTHODE VANDANAM,
              AMBALAPUZHA-, PIN - 688005
              BY ADVS.
              ANUMOD B.NAIR
              G.CHITRA
              K.V.GOPINATHAN NAIR


RESPONDENT:

              THE SECRETARY
              REGIONAL TRANSPORT AUTHORITY (REGIONAL TRANSPORT OFFICER)
              ALAPPUZHA, CIVIL STATION, PALACE RD, CIVIL STATION WARD,
              ALAPPUZA, PIN - 688001



              GP- SMT PARVATHY K.


     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.15696 OF 2023
                              2




                            JUDGMENT

This writ petition is filed seeking the following

relief:

"i) To issue a writ of mandamus or any other appropriate writ, direction or order directing the respondent to allow the renewal of Ext.P1 permit by considering Ext.P2 application submitted by the petitioner by completing the procedure before the expiry of the validity of the permit, in the interest of justice."

2. The learned counsel appearing for the

petitioner submits that the petitioner has submitted

Ext.P1 application for renewal of permit under

Section 81 of the Motor Vehicles Act and requests

that a direction be issued to the respondent to

consider the same in the light of Ext.P2, within a

time frame with due notice.

3. Heard the learned counsel appearing for the

petitioner and the learned Government Pleader. WP(C) NO.15696 OF 2023

4. In the facts and circumstances of the case

and having regard to the submissions made across

the Bar, there will be a direction to the respondent

to allow the renewal of Ext.P1 in the light of Ext.P2,

after affording an opportunity of being heard, either

physically or virtually to the petitioner herein and

any other affected parties, if any. 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 along with the certified copy of this

judgment before the respondent for further action.

This writ petition is disposed of.

sd/-

SHOBA ANNAMMA EAPEN JUDGE hmh WP(C) NO.15696 OF 2023

APPENDIX OF WP(C) 15696/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REGULAR PERMIT DATED 5.4,2022 Exhibit P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER ON 2.5.2023