High Court of KeralaWP(C)/36712/2015disposed of

Vijayalakshmi v. The Secretary

2015-12-104 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.HARILAL THURSDAY, THE 10TH DAY OF DECEMBER 2015/19TH AGRAHAYANA, 1937 WP(C).No. 36712 of 2015 (L) ---------------------------- PETITIONER(S):

-------------------------- VIJAYALAKSHMI AGED 46 YEARS W/O.RAJAN, PALAYATT HOUSE, VILLYPALLY PO VADAKARA, KOZHIKODE DISTRICT BY ADV. SRI.SAJU J.VALLYARA RESPONDENT(S):

---------------------------- THE SECRETARY REGIONAL TRANSPORT AUTHORITY, VADAKARA 673010 R BY ADV.K.A.SANJEETHA, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 36712 of 2015 (L) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:PHOTOCOPY OF THE REGULAR PERMIT VIDE PERMIT NO.P.ST.18/310/2003 ISSUED TO THE PETITIONER BY THE RESPONDENT P2:TRUE COPY OF THE TEMPORARY REGISTRATION OF THE NEW VEHICLE BEARING NO. KL-11-BP-TEMP-2179 P3:PHOTOCOPY OF THE REPLACEMENT APPLICATION DATED 20.11.2015 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT P4:PHOTOCOPY OF THE JUDGMENT IN WPC.NO.5509/2014 DATED 25.02.2014 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL TRUE COPY SKS P.A. TO JUDGE

K.HARILAL, J.

-------------------------------------- W.P(C)NO. 36712 OF 2015 --------------------------------------- Dated this the 10th day of December, 2015

JUDGMENT

The petitioner is the registered owner of a stage carriage bearing registration No. KL 59-B-4323, which is covered with a regular permit on the route VannathipoyilVadakara and the same is valid up to 27.5.2019. Since the above vehicle has serious engine faults, the service is disrupted due to repeated break down. So, the petitioner acquired a hired vehicle bearing temporary registration No.KL-11 BP-TEMP-2179 for replacing the existing vehicle and he has submitted Ext.P3 application for replacement of the same before the respondent; but the same has not been considered so far. This is the grievance ventilated in this writ petition.

Heard both the sides. The learned Government Pleader, on instructions,submits that the petitioner has not produced the current records of the incoming vehicle and on that reason the respondent could not pass order either granting permission or rejecting the permission.

In the above view of the matter, the respondent is directed to consider and pass orders on Ext.P3 application within a period of three weeks, provided that the petitioner shall produce all the current records of the incoming vehicle as required by the respondent within a period of one week from the date of receipt of a copy of this judgment. This writ petition is disposed of accordingly. sks K.HARILAL, JUDGE