Hariprasad.C vs The Secretary
2024 Latest Caselaw 33310 Ker

Kerala High Court

Hariprasad.C vs The Secretary on 15 November, 2024

Author: P Gopinath

Bench: P Gopinath

                                                         2024:KER:85554
W.P (C) No.38561/2024          -1-
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE GOPINATH P.

    FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA, 1946

                       WP(C) NO. 38561 OF 2024

PETITIONER/S:

    1     HARIPRASAD.C.,
          AGED 33 YEARS, S/O.SUBRAHMANIYAN NAMBOOTHIRI,
          CHALAKUNNATH ILLAM,PODUVACHERY.P.O., KANNUR, PIN -
          670621

    2     JISHAD K.P.,
          AGED 29 YEARS, S/O. RASHEED .E, RESIDING AT NISHAD
          MANZIL, ATTAPADI, KANNUR DISTRICT, PIN - 670006

          BY ADVS.
          G.HARIHARAN
          PRAVEEN.H.
          K.S.SMITHA
          B.R.SINDU
          V.R.SANJEEV KUMAR
          V.ROHITH
          AFNA V.P.
          REMYA MURALI

RESPONDENT/S:

    1     THE SECRETARY,
          REGIONAL TRANSPORT AUTHORITY.,VADAKARA, KOZHIKODE
          DISTRICT, PIN - 673101

    2     REGIONAL TRANSPORT AUTHORITY
          VADAKARA, KOZHIKODE DISTRICT [ REP. BY ITS SECRETARY].,
          PIN - 673101

           SMT JASMINE M M, GOVT. PLEADER
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                  2024:KER:85554
W.P (C) No.38561/2024                  -2-

                               JUDGMENT

The petitioners have approached this court being aggrieved by the fact

that an application filed by the 1st petitioner for replacement of vehicle

bearing registration No.KL-18H 8745 with vehicle bearing registration

No.KL-13U-8112 has not been considered by the 1 st respondent despite the

fact that the application was submitted as early as on 26-07-2024.

2. The learned Government Pleader on instructions would submit that

there is a blacklisting of vehicle bearing registration No.KL-18H 8745. It is

submitted that the blacklisting is at the instance of M/s. Sakthi Finance Ltd. It

is submitted that since the blacklisting is at the instance of a private party, the

same may not sustain on account of the law declared in Ext.P5 judgment of a

Division Bench of this court in WA No.1756/2023.

3. Having heard the learned counsel for the petitioners and the learned

Government Pleader and having regard to the facts and circumstances of the

case and taking into account the law laid down in Ext.P5 judgment of this

court, this writ petition will stand disposed of directing the 1 st respondent to

consider the application filed by the 1 st petitioner for replacement without

further delay and at any rate within a period of two weeks from the date of

receipt of a certified copy of this judgment. In the light of the law laid down in

Ext.P5 judgment the blacklisting in respect of vehicle bearing registration 2024:KER:85554

No.KL-18H 8745 shall be removed subject to any order that may be obtained

by M/s. Sakthi Finance from a competent authority or court.

Writ petition is ordered accordingly.

Sd/-

GOPINATH P. JUDGE

AMG 2024:KER:85554

APPENDIX OF WP(C) 38561/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE REGULAR PERMIT DATED 06.09.2019 ISSUED BY THE 1ST RESPONDENT IN THE NAME OF THE 1ST PETITIONER FOR BUS NO. KL-18H-8745 TO OPERATE ON THE ROUTE KANNUR-KOZHIKODE-MEDICAL COLLEGE WHICH IS VALID UPTO 24.03.2026

Exhibit P2 A TRUE COPY OF THE LEASE AGREEMENT DATED 22.07.2024 EXECUTED BETWEEN THE 1ST AND 2ND PETITIONERS

Exhibit P3 A TRUE COPY OF THE APPLICATION FOR REPLACEMENT FILED ON 26.07.2024 BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT FOR REPLACING BUS NO. KL-18H-8745 WITH BUS NO. KL-13U-8112

Exhibit P4 . A TRUE COPY OF THE RC STATUS OF BUS NO. KL-18H-

8745 EVIDENCING THE BLACKLISTING OF THE VEHICLE

Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 22.12.2023 MADE IN WRIT APPEAL NO.1756/2023 BY A DIVISION BENCH OF THIS HON'BLE COURT