In a review of the disposal date in a writ petition regarding permit revocation, the Kerala High Court recalled the previous judgment and dismissed the writ petition while allowing the review petition.
Recalling the judgment dated 15.01.2015, the Writ Petition is dismissed.
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 K.VINOD CHANDRAN
TUESDAY, THE 17TH DAY OF MARCH 2015/26TH PHALGUNA, 1936
RP.No. 220 of 2015
-----------------------------------------JUDGMENT IN WP(C) 1527/2015 DATED 15.1.2015
REVIEW PETITIONER(S):
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY KANNUR
BY GOVERNMENT PLEADER SRI. R. RANJITH
RESPONDENT(S):
VIMALA C. W/O.KUMARAN, RAM VILLA, KOYYADE KANNUR 670621
BY SRI.O.D.SIVADAS
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 1703-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
RP.No. 220 of 2015
APPENDIX
ANNEXURE
A-ITRUE COPY OF THE SHOW CAUSE NOTICE NO.C2/7413/2013/C DATED 12.1.2015
//True Copy//
P.S. To Judge
K.VINOD CHANDRAN, J
ORDER
The Review Petition is filed by the State
contending that the non consideration of replacement application as projected by the petitioner in W.P.(C).1527 of 2015 was not on account of the vehicle being an older one. It is specifically contended that the writ petitioner had obtained clearance certificate on 25.11.2013 and there was a direction to produce a new vehicle within four months. The petitioner having not produced the vehicle within the time provided or within the next one year, on 12.01.2015, Annexure-I notice dated 12.01.2015, was issued for revocation of the permit. The writ petition was filed just immediately thereafter and an order obtained for consideration.
2
RP.220/15
petitioner, however, would specifically point out the endorsement made as to the despatch of the order which is only on 23.01.2015. Hence, the petitioner in the writ petition would not have known about the said order. The writ petitioner is at liberty to challenge Annexure-I before the appropriate authority. However, the judgment dated 15.01.2015 is recalled.
The Review Petition is allowed and the Writ Petition is dismissed.
Sd/-
K.VINOD CHANDRAN Judge
Mrcs
//True Copy//
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY KANNUR
VIMALA C. W/O.KUMARAN
K.VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
