High Court of KeralaWP(C)/29322/2015disposed of

Sareef v. The Regional Transport Authority

2015-09-283 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 28TH DAY OF SEPTEMBER 2015/6TH ASWINA, 1937 WP(C).No. 29322 of 2015 (M) ---------------------------- PETITIONER:

------------------ SAREEF, S/O. ABOOBACKER, KILIKKUDUKKIL NEDIYIL HOUSE, THALAYAD P.O., UNNIKULAM, KOZHIKODE - 673 574.

BY ADV. SRI.PRASAD CHANDRAN RESPONDENTS:

----------------------- 1.

THE REGIONAL TRANSPORT AUTHORITY, KOZHIKODE REPRESENTED BY ITS SECRETARY PIN 673 020.

THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOZHIKODE PIN 673 020.

BY GOVERNMENT PLEADER SMT. K.A. SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 29322/2015 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 14.11.2014.

EXHIBIT P2 :

TRUE COPY OF THE JUDGMENT IN WP(C) NO. 1122/2015 DATED 15.01.2015.

EXHIBIT P3 :

TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT DATED 05.05.2015.

EXHIBIT P4 :

TRUE COPY OF THE REPORT OF THE FIELD OFFICER DATED 03.07.2015.

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

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 29322 OF 2015 ------------------------------------ Dated this the 28th day of September, 2015

JUDGMENT

The condition imposed while granting variation of permit is impugned. The petitioner contends that the condition is unnecessary in view of Ext.P4 report. The fact remains that Ext.P4 report was obtained subsequent to Ext.P3 proceedings. 2.

The petitioner is free to challenge Ext.P3 proceedings in a revision petition. Any revision petition filed within two weeks from today shall be dealt with within two months therefrom. The petitioner is free to rely on Ext.P4 report or any other materials available.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd