High Court of KeralaWP(C)/20315/2015disposed of

P.S.Ajithkumar v. The Secretary, Regional Transport Authority

2015-09-17Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 17TH DAY OF SEPTEMBER 2015/26TH BHADRA, 1937 WP(C).No. 20315 of 2015 (L) ---------------------------- PETITIONER:

------------------ P.S.AJITHKUMAR, AKHILA TRAVLES AND TRANSPORTS, 13/2203, CHANDRAPURAM P.O., WALAYAR DAM, PALAKKAD.

BY ADV. SRI.K.V.GOPINATHAN NAIR RESPONDENT:

--------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR, PIN-680001.

BY GOVERNMENT PLEADER SMT. K.A. SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 20315 of 2015 (L) APPENDIX PETITIONER(S)' EXHIBITS EXT. P1 :

TRUE COPY OF THE PROCEEDINGS OF THE REGIONAL TRANSPORT AUTHORITY, THRISSUR DT.2-2-2012 GRANTING REGULAR PERMIT IN FAVOUR OF THE PETITIONER.

EXT. P2 :

TRUE COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE RESPONDENT DT.10-4-2012.

EXT. P3 :

TRUE COPY OF THE PROCEEDINGS OF THE REGIONAL TRANSPORT AUTHORITY, THRISSUR DT.4-6-2012 GRANTING EXTENSION OF TIME.

EXT. P4 :

TRUE COPY OF THE LETTER SUBMITTED BEFORE THE RESPONDENT ALONG WITH THE CURRENT RECORDS DT.30-6-2012.

EXT. P5 :

TRUE COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE RESPONDENT DT.12-6-2015.

EXT. P8 :

TRUE COPY OF THE LETTER OF THE RESPONDENT DATED 23.01.2013 SIGNED ON 25.01.2013.

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

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 20315 OF 2015 ------------------------------------ Dated this the 17th day of September, 2015

JUDGMENT

The petitioner has not so far been issued a regular permit though the same was granted as early as on 02.02.2012 by Ext.P1 proceedings. There is a serious dispute as to whether the petitioner did produce the current records of the vehicle within the time stipulated in Ext.P3 proceedings. The inward register reflects the receipt of records whereas the Government Pleader asserts that the same was taken back by the petitioner and produced for another permit granted by the Regional Transport Authority, Thrissur on 08.08.2011.

The fact remains that the vehicle of which the records are alleged to have been produced by the petitioner has completed 15 years of age on 26.11.2013. The petitioner asserts that he has offered another vehicle with the current records and that the regular permit granted can be issued subject to settlement of timings.

WP(C) No. 20315/2015 3.

I direct the petitioner to appear before the respondent at 11 a.m. on 28.09.2015. The respondent shall verify as to whether the vehicle now offered and the records produced along therewith can now be accepted and permit issued. The respondent shall also advert to the decision in Vinod Thomas Vs. RTA, Kottayam [1999 KHC 276] in passing final orders. The contentions aforestated shall be adverted to by the respondent and orders passed accordingly on or before 05.10.2015.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd