Prabhatakusuman vs The Secretary Regional Transport ...
2024 Latest Caselaw 31755 Ker

Kerala High Court

Prabhatakusuman vs The Secretary Regional Transport ... on 6 November, 2024

Author: D. K. Singh

Bench: D. K. Singh

WP(C) NO. 39174 OF 2024              1

                                                    2024:KER:83242


             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

               THE HONOURABLE MR. JUSTICE D. K. SINGH

   WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024/15TH KARTHIKA, 1946

                          WP(C) NO. 39174 OF 2024

  PETITIONER:

             PRABHATAKUSUMAN,
             AGED 64 YEARS, S/O. RAMAN,
             PANIKKASSERY HOUSE, PUTHENVELIKKARA,
             ERNAKULAM DISTRICT, PIN - 683594.

             BY ADV.
                 PRASAD CHANDRAN

  RESPONDENT:

             THE SECRETARY,
             REGIONAL TRANSPORT AUTHORITY,
             ERNAKULAM, CIVIL STATION, KAKKANAD,
             ERNAKULAM DISTRICT, PIN - 682030.

             BY ADV.
                SRI. SREEJITH V. S. - GP

        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
  ON 06.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
  FOLLOWING:
 WP(C) NO. 39174 OF 2024                 2

                                                           2024:KER:83242



                              D. K. SINGH, J.
                             --------------------------
                         W.P.(C) No. 39174 of 2024
                              -------------------------
                  Dated this the 6th day of November, 2024

                                 JUDGMENT

1. The present writ petition has been filed for the following

reliefs;

i) to issue a writ of mandamus or any other appropriate writ, direction or order directing the respondent to allow replacement of the vehicle KL-08/AR 9978 with stage carriage KL-59/C 3597 as sought for in Exhibit.P2 application on the route Thuruthipuram -Aluva Mala, forthwith, in the interest of justice.

iii) to issue any other appropriate writ, direction or order which this Hon'ble Court deem fit in the circumstances of the case.

2. The petitioner, holder of the regular permit conducting stage

carriage service on the route Thuruthipuram - Aluva - Mala Via

Thadikkakadavu Kottappuram, Puthenvelikkara Kanakkankadavu

Chalakka, Athani, Assisi, Pooppathy Tripunithura with his stage

carriage bearing Registration No. KL-08/AR 9978. The permit is valid

up to 28.06.2027. The petitioner wants to replace the said vehicle as

2024:KER:83242

the said vehicle is of 2009 model with stage carriage bearing

Registration No. KL-59/C 3597 which is 2010 model for which the

petitioner had moved Exhibit P-2 application under Rule 133 (i) of the

Kerala Motor Vehicles Rules, 1989.

3. Considering the limited prayer made in the writ petition, the

present writ petition is disposed of with direction to the respondent

to take appropriate decision on Exhibit P-2 application of the

petitioner expeditiously, preferably within a period of one month.

Sd/-

D. K. SINGH JUDGE Svn

2024:KER:83242

APPENDIX OF WP(C) 39174/2024

PETITIONER'S EXHIBITS

EXHIBIT.P1. A TRUE COPY OF THE REGULAR PERMIT IN RESPECT OF THE PETITIONER'S VEHICLE KL-08/AR -9978

EXHIBIT.P2. A TRUE COPY OF THE REPLACEMENT APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 06.09.2024

EXHIBIT.P3. A TRUE COPY OF THE FEES RECEIPT SUBMITTED ALONG WITH THE REPLACEMENT APPLICATION BY THE PETITIONER BEFORE THE RESPONDENT DATED 05.10.2024