Sajeev Kumar vs The Secretary
2024 Latest Caselaw 11767 Ker

Kerala High Court

Sajeev Kumar vs The Secretary on 30 April, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
 TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946
                     WP(C) NO. 16631 OF 2024
PETITIONER:

         SAJEEV KUMAR,
         AGED 56 YEARS
         S/O. GOPALAN, PITANTAVIDA HOUSE, PATHAMKUNNU,
         THALASSERY.P.O, KANNUR DISTRICT, PIN - 670101
         BY ADVS.
         G.HARIHARAN
         PRAVEEN.H.
         K.S.SMITHA
         B.R.SINDU
         V.R.SANJEEV KUMAR
         V.ROHITH
         AFNA V.P.


RESPONDENTS:

    1    THE SECRETARY,
         REGIONAL TRANSPORT AUTHORITY,
         REGIONAL TRANSPORT OFFICE,
         VADAKARA, PIN - 673513
    2    REGIONAL TRANSPORT AUTHORITY,
         VADAKARA, AT COLLECTORATE, CIVIL STATION,
         KOZHIKODE REPRESENTED BY ITS SECRETARY,
         PIN - 673004

OTHER PRESENT:

         SRI. ARUN AJAY SHANKAR-GP

    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 16631 OF 2024

                              - : 2 :-


                       JUDGMENT

The petitioner is a stage carriage operator and the

registered owner of the Bus No.KL-58T-8696, which was

operating on the route Koothuparambu-Kozhikode. Since the

vehicle became unfit for operation, the petitioner acquired

another vehicle bearing registration No.KL-10AY-4524 on the

basis of a lease agreement. Thereafter, regular permit was issued

in the name of the petitioner w.e.f. 11.04.2023 for the above

mentioned vehicle to operate on the route Koothuparambu-

Kozhikode after effecting replacement. In the meantime, the

period of Ext.P1 lease agreement was expired after 11 months

from the date of execution of the lease agreement and the same

was renewed on 02.04.2024 for a further period of 11 months.

Thereafter, the petitioner made Ext.P4 request before the 1 st

respondent for continuance of the lease period for 11 more

months.

2. The limited prayer of the petitioner is to give a WP(C) NO. 16631 OF 2024

- : 3 :-

direction to the 1st respondent to consider and pass orders on

Ext.P4.

Having heard the learned counsel for the petitioner and the

learned Government Pleader, this writ petition is disposed of

with a direction to the 1 st respondent to consider and pass

appropriate orders on Ext.P4, after hearing the petitioner, within

a period of one month from the date of receipt of a copy of this

judgment.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE AS WP(C) NO. 16631 OF 2024

- : 4 :-

APPENDIX OF WP(C) 16631/2024

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF A LEASE AGREEMENT DATED 10.05.2022 EXECUTED WITH THE REGISTERED OWNER OF THAT VEHICLE EXHIBIT P2 A TRUE COPY REGULAR PERMIT DATED 11.04.2023 ISSUED BY THE 2ND RESPONDENT FOR VEHICLE NO.KL-10AY-4524 TO OPERATE ON THE ROUTE KOOTHUPARAMBU - KOZHIKODE EXHIBIT P3 A TRUE COPY OF THE RENEWED AGREEMENT DATED 02.04.2024 EXECUTED BETWEEN THE PETITIONER AND THE REGISTERED OWNER OF BUS NO.KL-10-AY-4524 EXHIBIT P4 A TRUE COPY OF THE REQUEST DATED 02.04.2024 SUBMITTED BY THE PETITIONER RELATING TO VEHICLE NO.KL-10-AY4524