Prakasan.K vs The Secretary Regional Transport ...
2024 Latest Caselaw 4303 Ker

Kerala High Court

Prakasan.K vs The Secretary Regional Transport ... on 1 February, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                        PRESENT
          THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
                 WP(C) NO. 3598 OF 2024
PETITIONER:

         PRAKASAN K.,
         AGED 40 YEARS,
         S/O SUBRAMANNIAN,
         UNGUMPALLIYALIL,
         PARUDUR P.O,
         PATTAMBI,
         PALAKKAD, PIN - 679305

         BY ADV K.V.GOPINATHAN NAIR


RESPONDENT:

         THE SECRETARY REGIONAL TRANSPORT AUTHORITY,
         PALAKKAD, KENATUPARAMBU,
         KURMATHURMEDU,
         PALAKKAD, PIN - 678001

         BY ADV.
         SRI.SREEJITH V.S., GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP         FOR
ADMISSION ON 01.02.2024, THE COURT ON THE SAME         DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.3598/2024
                               :2:




                          JUDGMENT

Dated this the 1st day of February, 2024

The petitioner is the holder of a regular permit to

operate services on the route Pattambi-Pallippuram issued

by the respondent. The said regular permit is at present

valid up to 30.05.2028.

2. The petitioner purchased latest model vehicle

and registered as KL-52U-1179 which is a 2023 model

vehicle having seating capacity of 28 in all. Thereafter, the

petitioner filed an application for replacement of the existing

vehicle in the prescribed form P.V.A. Ext.P2 is a statutory

application submitted in terms of Section 83 read with Rule

174 of the Kerala Motor Vehicles Rules, 1989. The power

to grant replacement is already delegated to the respondent

as per Rule 133(1)(i) of the Kerala Motor Vehicles Rules,

1989 and thereby the respondent ought to have passed

final orders on Ext.P2 application. There is failure on the

part of the respondent in performing his statutory duty.

Hence, this writ petition.

3. I have heard the learned counsel for the

petitioner and the learned Government Pleader

representing the respondent.

4. The petitioner has submitted Ext.P2 application

for replacement of vehicle. The application has been

submitted invoking Rules 174 and 179 of the Kerala Motor

Vehicles Rules, 1989. Ext.P2 being an application of

statutory nature, the competent authority has to consider

the same and pass appropriate orders within a reasonable

time.

The writ petition is therefore disposed of directing

the respondent to consider Ext.P2 application and take

appropriate decision thereon in accordance with law as

expeditiously as possible and at any rate within a period of

six weeks.

Sd/-

N. NAGARESH JUDGE SR

APPENDIX OF WP(C) 3598/2024

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE REGULAR PERMIT DATED 07.06.2023 Exhibit P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 01.01.2024 Exhibit P3 TRUE COPY OF THE RECEIPT REGARDING REMITTANCE OF FEE DATED 11.01.2024