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High Court of KeralaWP(C)/12426/2015disposed of

Shine John v. The Secretary, Regional Transport Authority

2015-04-17Honourable Mr. Justice Dama Seshadri Naidu4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU FRIDAY, THE 17TH DAY OF APRIL 2015/27TH CHAITHRA, 1937 WP(C).No. 12426 of 2015 (C) ---------------------------- PETITIONER:

------------------- SHINE JOHN, KALLUNKAL HOUSE, VAZHAKKULAM P.O., MUVATTUPUZHA.

BY ADV. SRI.I.DINESH MENON RESPONDENT:

--------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, IDUKKI - 685 603.

BY GOVERNMENT PLEADER SMT. K.A. SANGEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 12426/2015 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER EXHIBIT P2 :

TRUE COPY OF THE JUDGMENT IN WP(C) NO. 30066/2014 DATED 13.11.2014.

EXHIBIT P3 :

TRUE COPY OF THE RC BOOK OF KL-38 B 8080 EXHIBIT P4 :

TRUE COPY OF THE LEASE AGREEMENT DATED 06.04.2015. EXHIBIT P5 :

TRUE COPY OF THE REPLACEMENT APPLICATION DATED 09.04.2015 WITH CHALAN EXHIBIT P6 :

TRUE COPY OF THE JUDGMENT IN WP(CC) NO. 8240/2015 DATED 20.03.2015.

RESPONDENT(S) EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

DAMA SESHADRI NAIDU, J -------------------------------- WP(C) NO. 12426 OF 2015 ------------------------------------ Dated this the 17th day of April, 2015

JUDGMENT

The petitioner is aggrieved at the non-consideration of Exhibit P5 application for the replacement of a vehicle under the regular permit.

2.

The learned Government Pleader, on instruction, submits that, there is a delay in the production of the current records within the time granted for issuing a clearance certificate.

3.

In any event, if the current records have already been received at the office of the Regional Transport Authority along with Exhibit P5 application, and the regular permit has not yet been revoked, the Secretary, RTA, shall consider the same and allow the application if there is no other legal impediment, provided the petitioner remits an amount of `5,000/- (Rupees Five thousand only) to the Road Safety Fund, under the account head "0041-00-800-99(02) other receipts". The payment as

WP(C) No. 12426/2015 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.

DAMA SESHADRI NAIDU JUDGE ncd