Secretary, Regional Transport Authority v. Vimala C.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 17TH DAY OF MARCH 2015/26TH PHALGUNA, 1936 RP.No. 220 of 2015 ------------------------------------------ JUDGMENT IN WP(C) 1527/2015 DATED 15.1.2015 REVIEW PETITIONER(S):
---------------------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY KANNUR BY GOVERNMENT PLEADER SRI. R. RANJITH RESPONDENT(S):
---------------------------- VIMALA C.
W/O.KUMARAN, RAM VILLA, KOYYADE KANNUR 670621 BY SRI.O.D.SIVADAS THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 1703-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.No. 220 of 2015 APPENDIX ANNEXURE A-ITRUE COPY OF THE SHOW CAUSE NOTICE NO.C2/7413/2013/C DATED 12.1.2015 //True Copy// P.S. To Judge
K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - R.P.220 of 2015 in W.P.(C). 1527 of 2015 - - - - - - - - - - - - - - - - Dated 17th March, 2015 - - - - - - - - - - - - - - - - - - - - - - - -
ORDER
The Review Petition is filed by the State contending that the non consideration of replacement application as projected by the petitioner in W.P.(C).1527 of 2015 was not on account of the vehicle being an older one. It is specifically contended that the writ petitioner had obtained clearance certificate on 25.11.2013 and there was a direction to produce a new vehicle within four months. The petitioner having not produced the vehicle within the time provided or within the next one year, on 12.01.2015, Annexure-I notice dated 12.01.2015, was issued for revocation of the permit. The writ petition was filed just immediately thereafter and an order obtained for consideration.
RP.220/15
2. The learned counsel for the writ petitioner, however, would specifically point out the endorsement made as to the despatch of the order which is only on 23.01.2015. Hence, the petitioner in the writ petition would not have known about the said order. The writ petitioner is at liberty to challenge Annexure-I before the appropriate authority. However, the judgment dated 15.01.2015 is recalled.
The Review Petition is allowed and the Writ Petition is dismissed.
Sd/- K.VINOD CHANDRAN Judge Mrcs //True Copy//