High Court of KeralaWP(C)/10781/2015disposed of

C.P Mohammedali v. The Secrtary,Regional Transport Authority,Malappuram,Pin 676 505

2015-04-07Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 7TH DAY OF APRIL 2015/17TH CHAITHRA, 1937 WP(C).No. 10781 of 2015 (W) ---------------------------- PETITIONER :

---------------------- C.P MOHAMMEDALI, S/O.KUNHAYAMMAD, CHERAPURATH HOUSE, CHERIYAM, KOOTTIL P.O., MALAPPURAM DISTRICT, REPRESENTED BY THE POWER OF ATTORNEY, SAJEER N., S/O.ABOOBACKER, NIRAPPIL HOUSE, VADAKKANGARA P.O., MANKADA, PERINTALMANNA, MALAPPURAM.

BY ADV. SRI.SAJU J.VALLYARA RESPONDENT :

---------------------------- THE SECRTARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, PIN -676 505 BY SR GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 10781 of 2015 (W) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 - PHOTOCOPY OF THE REPLACEMENT APPLICATION DATED 27-03-2015 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. EXT.P2 - PHOTOCOPY OF THE COVERING LETTER DATED 27.3.2015 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT ALONG WITH EXHIBIT P1.

EXT.P3 - PHOTOCOPY OF THE JUDGMENT IN WPC.NO.6233/2015 DATED 27.02.2015 RESPONDENT(S)' EXHIBITS:

NIL ------------------------------------------ /TRUE COPY/ P.S.TO JUDGE sts

K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 10781 of 2015 - - - - - - - - - - - - - - - - Dated 7th April, 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 the above view of the matter, the writ petition is disposed of as follows:- The respondent shall consider Ext.P1 application and pass appropriate orders within a

WP(C).10781/15 period of one month from the date of receipt of a copy of this 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//