George Varghese v. The Regional Transpot Authority Alappuzha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY THURSDAY, THE 23RD DAY OF JULY 2015/1ST SRAVANA, 1937 WP(C).No. 20327 of 2015 (M) ---------------------------- PETITIONER(S):
-------------------------- GEORGE VARGHESE, AGED 62 YEARS, S/O.LATE VARGHESE, PREETHY BHAVAN, 7/234, THATHAMPALLY, ALAPPUZHA.
BY ADVS.SRI.S.SANAL KUMAR, SRI.M.T.SURESHKUMAR, SMT.T.J.SEEMA, SMT.BHAVANA VELAYUDHAN.
RESPONDENT(S):
----------------------------
1. THE REGIONAL TRANSPORT AUTHORITY, ALAPPUZHA, PIN-688 001.
2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO MOTOR VEHICLES DEPARTMENT, THIRUVANANTHAPURAM-695 001.
3. THE MANAGER, STATE BANK OF INDIA, AGRICULTURAL DEVELOPMENT BANK BRANCH, ALAPPUZHA-688 011.
R1 & R2 BY SR. GOVT. PLEADER SMT.K.A. SANJEETHA. R3 BY ADV. SRI.R.S.KALKURA, SC.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 20327 of 2015 (M) APPENDIX PETITIONER'S EXHIBITS:- P1 :
TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE PETITIONER'S VEHICLE.
P2 :
TRUE COPY OF THE GOODS CARRIAGE PERMIT ISSUED BY THE 1ST RESPONDENT DATED 10-03-2010.
P3 :
TRUE COPY OF THE CERTIFICATE OF INSURANCE ISSUED BY THE UNITED INDIA INSURANCE COMPANY LTD.
P4 :
TRUE COPY OF THE TAX RECEIPT PERTAINING TO THE PERIOD FROM 01-04-2014 TO 31-03-2015.
P5 :
TRUE COPY OF THE TAX RECEIPT PERTAINING TO THE PERIOD FROM 01-04-2015 TO 30-09-2015.
P6 :
TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY// P.S. TO JUDGE rs.
SHAJI P. CHALY, J.
----------------------------------------------- W.P.(C). No.20327 of 2015 ----------------------------------------------- Dated this the 23rd day of July, 2015
JUDGMENT
This writ petition is filed by the petitioner aggrieved by the return of Ext.P6 application for permit in respect of a goods carriage vehicle by the 1st respondent for want of no objection certificate from the 3rd respondent financier.
2. Heard the learned counsel for the petitioner, the learned counsel for the 3rd respondent and the learned Government Pleader for the 1st and 2nd respondents.
3. Learned counsel for the 3rd respondent submits that 3rd respondent bank is prepared to provide no objection certificate to the petitioner so as to enable him to pursue Ext.P6 application pending before the 1st respondent.
4. In that view of the matter and after taking into consideration the submissions made by the learned Government Pleader, I am of the considered opinion that on re-submitting of Ext.P6 application by the petitioner with no objection certificate
W.P.(C). No.20327 of 2015 from the 3rd respondent financier, the first respondent will consider the request sought for in Ext.P6, within a period of three weeks from the date of receipt of a copy of this judgment. Writ petition is disposed of accordingly.
Sd/- SHAJI P. CHALY JUDGE smv