Nazer P v. The Secretary, Regional Transport Authority, Malappuram

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR TUESDAY, THE 21ST DAY OF APRIL 2015/1ST VAISAKHA, 1937 WP(C).No. 12695 of 2015 (J) ---------------------------- PETITIONER:

-------------- NAZER P., S/O.KOYA P., PULIKKAL HOUSE, THRIKKANAPURAM, THAVANNUR PONNANI, MALAPPURAM DISTRICT.

BY ADV. SRI.SAJU J.VALLYARA RESPONDENT:

--------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, PIN-676 505.

BY GOVERNMENT PLEADER SRI.M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 12695 of 2015 (J) ---------------------------- APPENDIX PETITIONER'S EXHIBITS --------------------------- EXT.P1 - PHOTOCOPY OF THE REPLACEMENT APPLICATION DATED 13.04.2015 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT EXT.P2 - PHOTOCOPY OF THE NOTARIZED HIRE AGREEMENT DATED 13.04.2015 EXT.P3 - PHOTOCOPY OF THE JUDGMENT IN WPC.NO.6233/2015 DATED 27.02.2015 RESPONDENTS' EXHIBITS: NIL ----------------------------- // TRUE COPY // TKS P.S. TO JUDGE

C.T.RAVIKUMAR, J.

------------------------------ W.P.(C)No.12695 of 2015 ------------------------------- Dated 21st April, 2015

JUDGMENT

The petitioner submitted Ext.P1 application for replacement of the vehicle in respect of a regular permit which is granted in his favour. The vehicle now offered does not belong to the petitioner and the application is not being taken assigning the said reason. The petitioner prays that in the light of Ext.P3 a direction may be issued to the respondent to consider Ext.P1 application.

2. I have heard the learned counsel for the petitioner and also the learned Government Pleader.

3. Ext.P3 would reveal that the said judgment was rendered relying on the decision in M.Raveendran v. R.T.O. & another (1995 (1) KLJ 96) whereby this Court held that existence of a valid agreement for holding the vehicle would satisfy the legal requirement. In the light of the said decision as also Ext.P3 this writ petition is disposed of with a direction to the respondents to consider Ext.P1 application and pass appropriate orders thereon expeditiously,

WP(C).No.12695/2015 at any rate, within a period of one month from the date of receipt of copy of this judgment, irrespective of the fact that the petitioner is not the registered owner of the replacing vehicle, if he is in possession based on a valid agreement between himself and the owner of the said vehicle and he complies with all the other procedures in accordance with law. Sd/- C.T.RAVIKUMAR Judge TKS