Partly allowed

A.K.Thajudeen v. the Regional Transport Authority

Kerala HC18 Aug 2016RP/700/2016

Case brief

AI extract

What is this about?

In this review petition, the Court modified its earlier judgment in a writ petition concerning temporary permits and vehicle replacement. The Court directed that relevant applications be considered by the Secretary RTA or, alternatively, by the RTA members as appropriate.

What did the court decide?

R.P.No.700 of 2016 is partly allowed; Exts.P5 and P7 applications shall be considered by the 2nd respondent or the RTA as directed.

A.K.Thajudeen Vs the Regional Transport Authority — Service and Employment | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

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THURSDAY, THE 18TH DAY OF AUGUST 2016/27TH SRAVANA, 1938

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RP.No. 700 of 2016 (H)

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WP(C) 25674/2016, DATED 3/8/2016

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REVIEW PETITIONER(S)/PETITIONER IN W.P.C.:

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A.K.THAJUDEEN, S/O. AHAMMED HAJI, MANGAD, KALLIYASSERY P.O., KANNUR, PIN- 670 562.

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BY ADV. SRI.K.V.GOPINATHAN NAIR

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RESPONDENT(S)/RESPONDENT IN W.P.C.:

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1. THE REGIONAL TRANSPORT AUTHORITY, KANNUR, REPRESENTED BY ITS SECRETARY, PIN- 670 102.

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2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KANNUR, PIN- 670 102.

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3. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KANNUR- 670 102.

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R1 & 2 BY SENIOR GOVERNMENT PLEADER SMT.C.S.SHEEJA R3 BY SRI.P.C.CHACKO, SC

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 18-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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SHAJI P. CHALY, J.

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R.P.No.700 of 2016 in W.P.(C) No.25674 of 2016

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----------------------------------------------Dated this the 18^th day of August, 2016

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O R D E R

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This review petition is filed by the petitioner seeking to review the judgment rendered by this court in W.P.(C) No.25674/16 dated 3.8.2016, on the ground that, the Secretary RTA is vested with power to consider the temporary permit application, however, this court while disposing of the writ petition directed the RTA to consider the application for temporary permit. By virtue of the delegation of the powers conferred under the Rules, Secretary, RTA is vested with powers to consider the temporary permit application and replacement with a later model vehicle also. However, yet another question raised in the writ petition is with respect to the conversion of vehicle as LSOS.

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Taking into account the respective submissions made by the counsel across the Bar, the judgment rendered is modified to the extent that Exts.P5 and P7 applications for

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R.P.No.700 of 2016 in W.P.(C) 25674/16

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replacement and temporary permit shall be considered by the

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2^nd respondent, and in any event, the same requires consideration by the RTA, the papers shall be circulated among the members and take a decision accordingly. In all other respects, directions contained in the judgment will be followed.

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Review Petition is partly allowed accordingly.

Sd/-

SHAJI P. CHALY

JUDGE

//true copy//

P.A. To Judge

smv 18.08.2016

A.K.Thajudeen v. the Regional Transport Authority

Case brief

What is this about?

What did the court decide?

A.K.Thajudeen v. the Regional Transport Authority

Case brief

What is this about?

What did the court decide?

What the court decided

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