Petitioner sought a writ direction to Direct respondent r/t employee to pass order on its application for replacement of vehicle within three weeks due to unexplained delay of nearly one month. Court issued the direction.
Directions issued to the respondent to consider and pass orders on the replacement application within three weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID
MONDAY, THE 3RD DAY OF DECEMBER 2012/12TH AGRAHAYANA 1934
WP(C).No. 27417 of 2012 (B)
PETITIONER(S):
MOOSA,
S/O.KUNJU MOYIN, KUZHIPALLY METHIL HOUSE, PERUMANNUR, PANTHEERAMKAVU P.O., KOZHIKODE DISTRICT.
BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN.H.
RESPONDENT(S):
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOZHIKODE-673 001.
BY GOVERNMENT PLEADER SRI.G.GOPAKUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
WPC.NO.27417/2012 B
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: TRUE COPY OF THE REGISTRATION CERTIFICATE OF BUS NO.KL-10Z-4021. EXT.P2: TRUE COPY OF THE REGULAR PERMIT ISSUED BY THE REGIONAL TRANSPORT AUTHORITY, KOZHIKODE RELATING TO BUS NO.KL-10Z-4021.
EXT.P3: TRUE COPY OF THE REGISTRATION CERTIFICATE OF BUS NO.KL-54-206.
EXT.P4: TRUE COPY OF THE APPLICATION FOR REPLACEMENT FILED UNDER RULE 174 AND 179 OF THE KERALA MOTOR VEHICLE RULES BEFORE THE RESPONDENT ON 18.10.2012 ALONG WITH RECEIPT ISSUED BY THE RESPONDENT OFFICE.
EXT.P5: TRUE COPY OF THE AGREEMENT DATED 19.9.2012 EXECUTED BETWEEN THE PETITIONER AND ONE ABDUL HAMEED RELATING TO SALE OF VEHICLE MENTIONED IN EXHIBIT.P3.
RESPONDENTS' EXHIBITS: N I L
/TRUE COPY/
P.A.TO JUDGE
Kss
HARUN-UL-RASHID,J.
W.P.(C) No. 27417 of 2012
--------------------------------------------------------Dated this the 3rd day of December 2012
JUDGMENT
The writ petition is filed for a direction directing the respondent to consider Ext.P4 application without any further delay.
In the facts and circumstance noticed above, the writ petition is disposed of, directing the respondent to consider and pass appropriate orders on Ext.P4 application filed for replacement of the vehicle to operate on the route mentioned in Ext.P2 within a period of three weeks from today.
Sd/- HARUN-UL-RASHID JUDGE
al/-
1 issue framed by the court
Whether the respondent r/t employee must be directed to dispose of the petitioner's application for replacement of vehicle within a specified time.
2 provisions across 1 enactments
MOOSA
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOZHIKODE
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
