Allowed

M.G.Sali v. Secretary, Rta

Kerala HC26 Mar 2010WP(C)/9325/2010

Case brief

AI extract

What is this about?

This High Court allowed a writ petition filed by a stage carriage owner challenging a permit renewal condition imposed by the Regional Transport Authority. The court set aside the direction to replace the petitioner's vehicle with one having a larger wheel base within a specified period, holding it invalid. The parent text is invalid and partial. The court did not apply or construe any specific st

What did the court decide?

The condition in the permit directing the petitioner to replace the vehicle with a 500 cms wheel base vehicle on or before 17.10.2012 is set aside.

M.G.Sali Vs Secretary, Rta — Service and Employment | Kerala HC (2010)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT :

¶3

THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN

¶4

FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932

¶5

WP(C).No. 9325 of 2010(M)

¶6

----------------------------------------

¶7

PETITIONER(S):

¶8

------------------------

¶9

M.G.SALI, S/O.GOPALAN, AGED 45 YEARS, PARAPPEL NIKARTHU, VAYALAR P.O., CHERTHALA.

¶10

BY ADVS. MR.SAJEEV KUMAR K.GOPAL, SMT.AMBIKA RADHAKRISHNAN.

¶11

RESPONDENT(S):

¶12

----------------------------

¶13

THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM.

¶14

BY SR. GOVERNMENT PLEADER MR. K.C. SANTHOSH KUMAR

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

Kss

¶17

K.SURENDRA MOHAN, J

¶18

WP(C).NO.9325 OF 2010

¶19

DATED THIS THE 26TH DAY OF MARCH, 2010

¶20

JUDGMENT

¶21

The petitioner is the registered owner of a Stage Carriage bearing registration No.KL-7/BG 4849. The petitioner also has a regular permit in respect of the said vehicle. The complaint of the petitioner is that while renewing his permit, the respondent has imposed a condition that the petitioner should replace the existing vehicle with a vehicle having a wheel base of 510 cms on or before 17.10.2012. The petitioner's vehicle is a 2007 model, one having a wheel base of 490 cms. According to the petitioner, the normal life span of a Stage Carriage is 15 years. Therefore, the petitioner is entitled to use the same till the year, 2022. It is submitted that respondent has no power to curtail the use of vehicle for the full span of its life.

¶22

The counsel for the petitioner points out that the above question has been considered by this court and in a number of decisions, it has been held that the respondent has no power to insist on production of a vehicle with a particular wheel base. The petitioner

¶23

Wpc 9325/2010 2

¶24

particularly relies on Ext.P3 judgment wherein, a similar condition has been held to be invalid. In view of Ext.P3, the condition in Ext.P2 directing the petitioner to replace his vehicle with another vehicle having a wheel base of 510 cms on or before 17.10.2012 also cannot be sustained.

¶25

In the above circumstances, this writ petition is allowed. The condition in Ext.P2 directing the petitioner to replace his vehicle with another vehicle having a wheel base of 500 cms on or before 17.10.2012 is set aside.

¶26

K.SURENDRA MOHAN, JUDGE

¶27

lgk

M.G.Sali v. Secretary, Rta

Case brief

What is this about?

What did the court decide?

M.G.Sali v. Secretary, Rta

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Praveen Vs Assistant Registrar of Co-Op.Societies

K.Aboobacker Vs Rta Palakkad and Another

M.J.Abraham Vs Regional Transport Authority & Others

Gopalan K.N. Vs the Manager, Thrissur Co-Op.Bank Ltd.

Rajendran Nair Vs Enathu Service Co-Op.Bank

U.D. Shani Vs Secretary, R.T.A