D. Suresh v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 13TH DAY OF OCTOBER 2015/21ST ASWINA, 1937 WP(C).No. 29925 of 2015 (M) PETITIONER:

-------------------------- D. SURESH, AGED 53 YEARS S/O.LATE DAMODARAN, CHERADIYIL HOUSE, MANAKAD PO THODUPUZHA, PRESENTLY RESIDING AT MANGATTU KAVALA THODUPUZH EAST, THODUPUZHA, PIN-685 585.

BY ADVS.SRI.THOMAS M.JACOB SRI.AKHIL K.MADHAV SRI.T.R.JERRY SEBASTIAN RESPONDENTS:

----------------------------

1. STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF MOTOR VEHICLES, GOVT. SECRETARIAT TRIVANDRUM, PIN-693 501.

2. THE JOINT REGIONAL TRANSPORT OFFICER THODUPUZHA, PIN-685 584.

BY GOVERNMENT PLEADER SMT. SANJEETHA K.A.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 29925 of 2015 (M) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

TRUE COPY OF JUDGMENT DT 15-12-2008 IN WPC.NO.4519/2008 P2 :

TRUE COPY OF THE APPLICATION DT 10-8-2015 FOR RENEWAL OF PERMIT IN RESPECT OF LORRY BEARING REGISTRATION NUMBER KL 06-C-8885 P3 :

TRUE COPY OF THE APPLICATION DT 10-8-2015 FOR RENEWAL OF PERMIT IN RESPECT OF LORRY BEARING REGISTRATION NUMBER KL 06-C-8913 P4 :

TRUE COPY OF THE APPLICATION DT 10-8-2015 FOR RENEWAL OF PERMIT IN RESPECT OF LORRY BEARING REGISTRATION NUMBER KL 06-C-8914 P5 :

TRUE COPY OF THE APPLICATION DT 10-8-2015 FOR RENEWAL OF PERMIT IN RESPECT OF LORRY BEARING REGISTRATION NUMBER KL 06-C-8915 P6 :

TRUE COPY OF RECEIPTS DT 11-9-2015 FOR REMITTANCE OF PERMIT RENEWAL CHARGES AND COMPOUNDING FEE FOR DELAY IN APPLYING FOR RENEWAL OF PERMIT IN RESPECT OF LORRY BEARING NUMBER KL-06-C-8914.

P7 :

TRUE COPY OF REPRESENTATION DT 22-9-2015 SUBMITTED TO 2ND RESPONDENT.

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

V. CHITAMBARESH, J W.P.(C). NO. 29925 OF 2015 ---------------------------------------- Dated this the 13th day of October, 2015

JUDGMENT

The parties are at variance as to whether Exts. P2 to P5 applications are for issue of fresh permit or for renewal of existing permit. The fact remains that Exts. P2 to P5 applications are pending consideration on the file of the second respondent.

2.

I direct the second respondent to pass final orders on Exts. P2 to P5 applications within a period of two weeks. The dictum in Kerala Bus Transport Association and Another v. Transport Commissioner [2013 (1) KHC 384] shall be adverted to.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS