High Court of KeralaWP(C)/34591/2015disposed of

V. Chandran v. The Secretary

2015-11-17Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 17TH DAY OF NOVEMBER 2015/26TH KARTHIKA, 1937 WP(C).No. 34591 of 2015 (Y) ---------------------------- PETITIONER(S):

----------------- V. CHANDRAN, AGED 43 YEARS MEKKATTU HOUSE, PUTHUKKAI PO, KANHANGAD 671 314 BY ADV. SRI.P.DEEPAK RESPONDENT(S):

------------------- THE SECRETARY REGIONAL TRANSPORT AUTHORITY, KASARGODE 671 121 R BY SR.GOVERNMENT PLEADER SMT.SANJEETHA.K.A. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 34591 of 2015 (Y) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- P1:

A TRUE COPY OF THE REGULAR PERMIT ISSUED TO KL 59/F 9765 VALID TILL 15.04.2016 P2:

A TRUE COPY OF THE APPLICATION FOR REPLACEMENT FILED ON 19.09.2015 P3:

A TRUE COPY OF THE PROCEEDINGS OF THE RESPONDENT DATED 13.11.2015 P4:

A TRUE COPY OF THE JUDGMENT DATED 21.01.2013 IN WPC.NO.1960/2013 RESPONDENT(S)' EXHIBITS : NIL.

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

V.CHITAMBARESH, J.

--------------------- W.P (C) No.34591 of 2015 --------------------- Dated this the 17th day of November, 2015

J U D G M E N T

A later model vehicle can be replaced by an older vehicle provided the same is road worthy. Ext.P3 order declining the replacement militates against the above said principle.

2. Ext.P3 order is quashed and the respondent is directed to consider Ext.P2 application for replacement of the vehicle anew. The same shall be done with notice to the petitioner within a period of two weeks.

The Writ Petition is disposed of.

Sd/- V.CHITAMBARESH, Judge.

nj/17.11.15