K.Adarsh v. The Secretary, Regional Transport Authority, Pathanamthitta

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 25TH DAY OF MARCH 2015/4TH CHAITHRA, 1937 WP(C).No. 9619 of 2015 (B) ---------------------------------- PETITIONER:

-------------------------- K.ADARSH RUGMINI BHAVANAM MUTHUKATTUKARA NOORANAD, ALAPPUZHA BY ADV. SRI.O.D.SIVADAS RESPONDENT:

---------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PATHANAMTHITTA - 676 505 BY SR. GOVERNMENT PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 9619 of 2015 (B) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE PERMIT ISSUED TO THE PETITIONER'S STAGE CARRIAGE DATED 7.1.2015 P2 :

COPY OF THE APPLICATION FOR REPLACEMENT SUBMITTED BY THE PETITIONER DATED 28.01.2015 P3 :

COPY OF THE G.O. (P). NO. 85/2013/TRAN DATED 30.08.2013 P4 :

COPY OF THE PROCEEDING DATED 03.02.2015 ISSUED BY THE RESPONDENT RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 9619 OF 2015 ---------------------------------------- Dated this the 25th day of March, 2015

JUDGMENT

Ext.P4 order placing reliance on the amendment brought in by Ext.P3 Government Order is obviously bad. This is because the amendment brought in by Ext.P3 Government Order has already been struck down. This is so done by judgment in W.P.(C). No. 5728/2015 on the file of this Court.

2.

Ext. P4 order is quashed and the matter is remitted to the respondent. The respondent shall reconsider Ext. P2 application de hors the amendment brought in by Ext. P3 Government Order. The needful shall be done within a period of two weeks from the date of production of a copy of this judgment.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE