Haneefa Palakkal v. The Secretary, Rta, Malappuram
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 9TH DAY OF MARCH 2015/18TH PHALGUNA, 1936 WP(C).No. 6843 of 2015 (E) --------------------------- PETITIONER :
--------------------- HANEEFA PALAKKAL, S/O.SAIDALI, PALAKKAL HOUSE, ATHANIKKAL P.O., VALLUVAMBRAM, MALAPPURAM BY ADV. SRI.SAJU J.VALLYARA RESPONDENT :
----------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, PIN - 676 505.
BY SR. GOVT. PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn ...2/-
WP(C).No. 6843 of 2015 (E) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS :
------------------------------------- EXHIBIT P1 PHOTOCOPY OF THE REPLACEMENT APPLICATION DATED 22-01-2015 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. EXHBIIT P2 PHOTOCOPY OF THE COVERING LETTER DATED 22-01-2015 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. EXHIBIT P3 PHOTOCOPY OF THE JUDGMENT IN WPC NO 27291/2013 DATED 07-11-2013.
RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn
K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 6843 of 2015 - - - - - - - - - - - - - - - - Dated 9th March, 2015 - - - - - - - - - - - - - - - - - - - - - - - -
JUDGMENT
The petitioner seeks for consideration of replacement application, which according to him, is not being considered since the incoming vehicle is a hired vehicle. There is no stipulation that replacement cannot be granted if the current records produced is of a hired vehicle and if the possession of the regular permit holder is convincing as per the lease or otherwise. However, the learned Government Pleader submits that, despite notice being issued the petitioner has not appeared on 03.02.2015 and that is the reason for non-consideration. In such circumstances, no mandamus can be issued.
Writ petition dismissed.
Sd/- K.VINOD CHANDRAN Judge Mrcs