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High Court of KeralaWP(C)/3155/2015disposed of

Enjockson Figarado v. The Secretary, Regional Transport Authority

2015-02-02Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 2ND DAY OF FEBRUARY 2015/13TH MAGHA, 1936 WP(C).No. 3155 of 2015 (T) --------------------------- PETITIONER :

------------------- ENJOCKSON FIGARADO, AGED 25 YEARS, S/O. JOHN FIGARADO, PATHISSERY HOUSE, PUTHUVYPE P.O. ERNAKULAM DISTRICT.

BY ADV. SRI.P.DEEPAK RESPONDENT :

--------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM - 682 030.

BY GOVERNMENT PLEADER SRI. R. RANJITH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp

WP(C).No. 3155 of 2015 (T) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1:

TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL 43/5618 EXHIBIT-P2:

TRUE COPY OF THE TEMPORARY PERMIT VALID TILL 26/01/2015 EXHIBIT-P3:

TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT FILED ON 22/01/2015.

EXHIBIT-P4:

TRUE COPY OF THE JUDGMENT DATED 23/09/2014 IN W.P(C) 24585/2014 RESPONDENT(S)' EXHIBITS :

NIL.

--------------------------------------- //TRUE COPY// P.A.TO JUDGE bp

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.3155 of 2015 - T ====================== Dated this the 2nd day of February, 2015

J U D G M E N T

The petitioner seeks for consideration of temporary permit application Ext.P3 in a defaulted service. The petitioner contends that the present application is only for a re-issuance of temporary permit.

2. The learned Government Pleader on instructions submits that, in fact the previous registered owner of the vehicle, who had committed default, had filed W.P.(C) No. 432 of 2015, in which there was a direction to issue permit, if there is no legal impediment. Since, there was an overlapping, the petitioner therein was asked to appear for a hearing and he did not appear.

3. Probably, the non-appearance was due to the

W.P.(C) No.3155 of 2015 - T transfer of the vehicle. In any event, when there is an overlap, there would be no question of issuance of a temporary permit. Orders will be hence passed on Ext.P3 application.

The writ petition is disposed of.

Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.