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SHEJEEF P S v. THE SECRETARY , REGIONAL TRANSPORT AUTHORITY

Court: High Court of Kerala

Bench: HONOURABLE MR.JUSTICE N.NAGARESH

Judgment date:

Case summary

High Court of Kerala judgment dated 2024-01-18. SHEJEEF P S v. THE SECRETARY , REGIONAL TRANSPORT AUTHORITY. Read the judgment and case details on LawSphereX.

Judgment text

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE N. NAGARESH TH THURSDAY, THE 18 DAY OF JANUARY 2024/28TH POUSHA, 1945 WP(C) NO. 1919 OF 2024 PETITIONER: SHEJEEF P S AGED 48 YEARS, S/O ABDUL AZEEZ PARACKAL HOUSE, PC KAVAL PO, PAIPPAD, CHANGANCHERRY, KOTTAYAM, PIN – 686 537. BY ADV STALIN PETER DAVIS RESPONDENT: THE SECRETARY , REGIONAL TRANSPORT AUTHORITY KOTTYAM , CIVIL STATION,COLLECTORATE PO , KOTTAYAM, PIN – 686 002. BY S. GOPINATHAN, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18. 01. 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W. P. (C) No. 1919 of 2024 : 2 : JUDGMENT th Dated this the 18 day of January, 2024 The petitioner, who is an existing Stage Carriage Operator running service on the route Anjilithanam-Changanassery Perunna Bus Stand has approached this Court seeking to direct the respondent to dispose of Ext.

P2 application for replacement vehicle and grant the same with notice to the petitioner within a reasonable time. 2. The petitioner states that he is the owner of vehicle bearing registration No. KL-03N-6096 and the petitioner wants to replace the said vehicle with a later model vehicle bearing registration No. KL-05X-5000. The petitioner has submitted Ext. P2 application in this regard. The application was submitted in December, 2023. The non-consideration of Ext. P2 application is causing untold hardship to the petitioner. 3. Senior Government Pleader entered appearance and resisted the writ petition. The Senior Government Pleader submitted that the petitioner has not produced the copy of the W. P. (C) No. 1919 of 2024 : 3 : Registration Certificate. The Registration Certificate is to be mandatorily produced, if the vehicle is to be replaced. However, it is submitted that if Ext.

P2 application has been received and pending and it is support by all necessary documents, the same can be considered in accordance with law within a reasonable time. 4. In the facts of the case, taking into consideration the fact that Ext. P2 application has been seen filed by the petitioner on 15. 12. 2023, the writ petition can be disposed of with appropriate direction. Therefore, the writ petition is disposed of directing the respondent-Secretary to consider Ext. P2 application for replacement of vehicle, if Ext. P2 is received and pending and is supported by all requisite documents. A decision in this regard shall be taken within a period of one month. Sd/- N. NAGARESH JUDGE AMR W. P. (C) No. 1919 of 2024 : 4 : APPENDIX OF WP(C) 1919/2024 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE VALID REGULAR PERMIT FROM 1/12/2021 TO 30/11/2026 DATED 3/11/23. Exhibit P2 A TRUE COPY OF THE APPLICATION FOR REPLACEMENT SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 15/12/23.

Source: High Court of Kerala. Archive: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.