P.G. Gopalakrishnan Nair v. The Secretary

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 28TH DAY OF OCTOBER 2015/6TH KARTHIKA, 1937 WP(C).No. 31899 of 2015 (J) ---------------------------- PETITIONER(S):

-------------- P.G. GOPALAKRISHNAN NAIR, AGED 63 YEARS S/O.NARAYANAN NAIR, CHERUPURATH HOUSE THRIKARIYOOR P.O., KOTHAMANGALAM, ERNAKULAM.

BY ADV. SRI.P.DEEPAK RESPONDENT(S):

------------------ THE SECRETARY REGIONAL TRANSPORT AUTHORITY, MUVATTUPUZHA - 686 661.

R BY SR. GOVERNMENT PLEADER SMT.K.A.SANJEETHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C) No.31899 of 2015 PETITIONER(S) EXHIBITS EXHIBIT P1 :

A TRUE COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER ON THE ROUTE VADATTUPPARA -KOTHAMANGALAM - MUVATTUPUZHA - VADAKKUMBHAGOM - POTHANIKAD DATED 21.10.2014.

EXHIBIT P2 :

A TRUE COPY OF THE APPLICATION FOR REPLACEMENT DATED 12.10.2005 WITH COVERING LETTER.

EXHIBIT P3 :

TRUE COPY OF THE JUDGMENT DATED 21.1.2013 IN W.P.(C) NO.1960/2013.

RESPONDENT(S) EXHIBITS NIL.

//TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.31899 of 2015 --------------------- Dated this the 28th day of October, 2015

J U D G M E N T

The petitioner is a holder of regular permit (Ext.P1) to operate service on the route. The petitioner has filed Ext.P2 application for replacement of the vehicle.

2. The petitioner relies on Ext.P3 judgment in W.P.(C) No.1960/2013. The contention in essence is that the vehicle can be replaced by an older vehicle provided the same is road worthy.

3. I direct the respondent to consider Ext.P2 application with due advertance to Ext.P3 judgment. 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.

Sd/- V.CHITAMBARESH, Judge.

nj/28.10.15