Veerankutty v. The Secretary, Regional Transport Authority

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 8TH DAY OF OCTOBER 2015/16TH ASWINA, 1937 WP(C).No. 30643 of 2015 (E) PETITIONER:

-------------------------- VEERANKUTTY. AGED 49 YEARS SON OF AHAMMED KUTTY 393, PUTHIYAPARAMBATH KOLATHARA P.O.

FEROKE, KOZIKODE BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN.H.

RESPONDENT:

---------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY KOZHIKODE - 673 001 BY GOVERNMENT PLEADER SMT. SANJEETHA K.A.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 30643 of 2015 (E) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF THE REGISTRATION CERTIFICATE OF BUS NO. KL-11-T-622 P2:

COPY OF THE REGISTRATION CERTIFICATE OF BUS NO. KL -10Q-7464 P3:

COPY OF THE COMMUNICATION DATED 20.09.2015 SENT BY THE RESPONDENT ADDRESSED TO THE PETITIONER RESPONDENT(S)' EXHIBITS:- NIL /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J W.P.(C). NO. 30643 OF 2015 ---------------------------------------- Dated this the 08th day of October, 2015

JUDGMENT

Ext. P3 order rejecting the application for replacement of the vehicle cannot be sustained. There is no inhibition in law to replace a new vehicle with an older vehicle. The only condition is that the vehicle should be roadworthy.

2.

I quash Ext.P3 order rejecting the application for replacement. The respondent shall reconsider the application with notice to the petitioner. The same shall be done within a period of three weeks from the date of receipt of a copy of this judgment.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE