C.Nadeer v. Secretary, Regional Transport Authority

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 20TH DAY OF MARCH 2015/29TH PHALGUNA, 1936 WP(C).No. 8240 of 2015 (D) --------------------------- PETITIONER :

----------------- C.NADEER, AGED 44 YEARS, S/O.ABDULLA, BAITHUNOOR HOUSE, THILLERI P.O.

KANNUR REPRESENTED BY POWER OF ATTORNEY M.PRAKASH S/O.KUNHAMBU, MELEDATH HOUSE, KALLIASSERI SOUTH, KECHERY, KANNUR.

BY ADV. SRI.I.DINESH MENON RESPONDENT :

--------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY KANNUR - 670 001.

BY GOVERNMENT PLEADER SRI.R. RANJITH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 8240 of 2015 (D) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

TRUE COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER. EXT.P2:

TRUE COPY OF THE ORDER IN MVARP NO. 135/2014 DATED 02/08/2014. EXT.P3:

TRUE COPY OF THE LEASE AGREEMENT DATED 10/02/2015. EXT.P4:

TRUE COPY OF THE TEMPORARY REGISTRATION DATED 03/02/2015. EXT.P5:

TRUE COPY OF THE REPLACEMENT APPLICATION DATED 20/02/2015. EXT.P6:

TRUE COPY OF THE JUDGMENT IN WPC.NO. 6606/2015 DATED 05/03/2015.

RESPONDENT(S)' EXHIBITS :

NIL.

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

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - W.P(C) No. 8240 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of March, 2015

J U D G M E N T

The petitioner is aggrieved with non-consideration of Exhibit P5 application by which the vehicle in a regular permit was sought to be replaced by producing the current records of another vehicle.

2. The learned Government Pleader, on instruction, submits that, there is a delay in production of the current records and the current records were not produced within the time granted; when issuing a clearance certificate to the vehicle, which was running in the regular permit.

3. In any event, if the current records have now been received at the office of the Regional Transport Authority along with Exhibit P5 application and the regular permit has not yet been revoked, then the Secretary, RTA shall consider the same and

WPC.No.8240/2015 : 2 :

allow it if there is no other legal impediment, provided the petitioner remits an amount of Rs.5,000/- [Rupees five thousand only] to the Road Safety Fund, in the head of account "0041-00-80099(02) other receipts". The payment as directed above shall be made within two weeks from the date of receipt of a certified copy of this judgment.

The writ petition is disposed of as above.

Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge