High Court of KeralaWP(C)/13740/2015disposed of

Aboobacker v. The Secretary, Regional Transport Authority, Palakkad

2015-05-08Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 8TH DAY OF MAY 2015/18TH VAISAKHA, 1937 WP(C).No. 13740 of 2015 (N) ---------------------------- PETITIONER:

------------------- ABOOBACKER, VEETTILAVALAPPIL HOUSE, PAROOR, PUNNAYOORKULAM, THRISSUR.

BY ADV. SRI.I.DINESH MENON RESPONDENT:

---------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD - 678 001.

BY GOVERNMENT PLEADER SMT.ROSE MICHAEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 13740 of 2015 (N) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXT.P1:

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

TRUE COPY OF THE DEMAND NOTICE DATED 14/10/2014. EXT.P3:

TRUE COPY OF THE APPEAL DATED 10/11/2014.

EXT.P4:

TRUE COPY OF THE JUDGMENT IN WPC NO.31311/2014/2015 DATED 24/11/2014.

EXT.P5:

TRUE COPY OF THE INTIMATION DATED 3/3/2015.

EXT.P6:

TRUE COPY OF THE PROCEEDINGS DATED 10/4/2015. RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.13740 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of May, 2015

JUDGMENT

This writ petition is filed with the following prayers: (i) issue a writ of mandamus or such other writs, order or direction, directing the Secretary, Regional Transport Authoritiy, Palakkad to consider the application for renewal as well as replacement in respect of the permit on the route Anakkatty - Guruvayur subject to result of the appeal pending before the Deputy transport Commissioner, within a time frame as this Honourable Court may deem fit and proper;

(ii) issue a writ of mandamus or such other order or direction, directing the respondent to endorse the tax arrears as relating to the vehicle KL-11 R 7839 in the new vehicle KL-46 K 3760, subject to result of the appeal pending before the Deputy Transport Commissioner, Thrissur so as to enable the respondent to grant and endorse the renewal as well as replacement on the route Anakkatty - Guruvayur, within a time frame as this Honourable Court may deem fit and proper;

2. Heard learned counsel for the parties and perused the materials available on record.

3. Considering the facts and circumstances of the case, there shall be a direction to the respondents to consider the application submitted by the petitioner for renewal and replacement within a period of two months from the date of receipt of a copy of this judgment. Writ petition is disposed of.

A.MUHAMED MUSTAQUE JUDGE jes