Aneesh v. The Regional Transport Authority, Vatakara

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE 16TH DAY OF DECEMBER 2015/25TH AGRAHAYANA, 1937 WP(C).No. 37088 of 2015 (I) ---------------------------- PETITIONER:

------------------ ANEESH, VAISAKH, P.O.ELATHUR, KOZHIKODE.

BY ADV. SRI.G.PRABHAKARAN RESPONDENTS:

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1. THE REGIONAL TRANSPORT AUTHORITY, VATAKARA 673 101.

2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY CUM REGIONAL TRANSPORT OFFICER VATAKARA 673 101.

BY SENIOR GOVERNMENT PLEADER SMT. SANJEETHA K.A. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 37088 of 2015 (I) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE REGULAR PERMIT NO.18/65/1995. EXHIBIT P2 :

TRUE COPY OF THE REPLACEMENT APPLICATION DATED 9/11/2015 ON THE ROUTE KATAMERI-VATAKARA-KOZHIKODE AS LSOS WITH INCOMING VEHICLE KL 11/AG 1119 TO THE OUTGOING VEHICLE KL 13/T 2797 (TAKEN ON LEGAL POSSESSION) EXHIBIT P3 :

TRUE COPY OF THE CHELAN RECEIPT DATED 9/11/2015 EXHIBIT P4 :

TRUE COPY OF THE JUDGMENT DATED 25/2/2014 IN WPC NO.5509/2014.

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

ncd

V. CHITAMBARESH, J.

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W.P.(C).No.37088 of 2015 ............................................... Dated this the 16th day of December, 2015

JUDGMENT

The vehicle used for operation in service can be replaced by an older vehicle provided by the same is roadworthy. This principle has been clarified in Ext.P4 judgment in W.P.(C) No.5509 of 2014.

2.

I direct the 2nd respondent to consider Ext.P2 application for replacement with notice to the petitioner within a period of two weeks from the date of receipt of a copy of this judgment.

The writ petition is disposed of.

Sd/- (V.CHITAMBARESH, JUDGE) AMV/16/12/2015