High Court of KeralaWP(C)/7991/2015disposed of

Mohammed Haji v. The Secretary

2015-03-13Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 13TH DAY OF MARCH 2015/22ND PHALGUNA, 1936 WP(C).No.7991 of 2015 (Y) -------------------------------------- PETITIONER:

------------------- MOHAMMED HAJI,S/O.MAMMADISA HAJI, CHENATTUKUZHIYIL HOUSE,POOKKOTTUR, MONGAM P.O,MALAPPURAM.

BY ADV. SRI.SAJU J.VALLYARA RESPONDENT:

---------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM,PIN-676505.

BY SENIOR GOVERNMENT PLEADER SRI.BIJU MEENATTOOR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(C) NO.7991/2015 APPENDIX PETITIONER'S EXHIBITS:

EXT.P1:PHOTOCOPY OF THE REPLACEMENT APPLICATION DATED 6.3.2015 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. EXT.P2:PHOTOCOPY OF THE COVERING LETTER DATED 6.3.2015 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT ALONG WITH EXHIBIT P1.

EXT.P3:PHOTOCOPY OF THE JUDGMENT IN W.P(C) NO.6233/2015 DATED 27.2.2015.

RESPONDENT'S EXHIBITS:

NIL //TRUE COPY// P.S. TO JUDGE pk

K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 7991 of 2015 - - - - - - - - - - - - - - - - Dated 13th March, 2015 - - - - - - - - - - - - - - - - - - - - - - - -

JUDGMENT

The petitioner had submitted Ext.P1 application for replacement of the vehicle in respect of a regular permit which he has in his favour. According to the petitioner, the application is not being considered on the ground that the vehicle does not belong to the petitioner. By the judgment in M.Raveendran v. R.T.O. & another (1995 (1) KLJ 96) this Court had considered this matter and has found that it is enough that the applicant have a valid agreement for holding the vehicle.

2. In that view of the matter, this writ petition is disposed of as follows:- The respondent shall consider Ext.P1 and pass appropriate orders within a period of one month from the date of receipt of a copy of this

WP(C).7991/15 judgment irrespective of the fact that the petitioner is not the registered owner of the replacing vehicle and if he is in possession of a valid agreement and he complies with the other procedures in accordance with law.

Sd/- K.VINOD CHANDRAN Judge Mrcs //True Copy//