Disposed

Sreenivasan v. the Secretary, Rta, Thrissur

Kerala HC30 Jun 2016WP(C)/21718/2016

Case brief

AI extract

What is this about?

The court directed the Regional Transport Authority to consider the petitioner's application for vehicle replacement within three weeks, emphasizing that temperament and road worthiness must be prioritized over the vehicle model.

What did the court decide?

Direction to the respondent to consider the petitioner's application (Ext.P4) within three weeks, prioritizing viability and road worthiness over vehicle model.

Sreenivasan Vs the Secretary, Rta, Thrissur — 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 30TH DAY OF JUNE 2016/9TH ASHADHA, 1938

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WP(C).No. 21718 of 2016 (L)

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PETITIONER(S):

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SREENIVASAN,

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AGED 39, S/O. KUNCHU, KALLATTUPARAMBIL HOUSE, MULAYAM P.O., PUTHUR, THRISSUR DISTRICT. PIN-680 751.

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BY ADV. SRI.M.JITHESH MENON

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RESPONDENT(S):

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THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR-680 001.

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BY SRI.PADAYATTEE YELDO

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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WP(C).No. 21718 of 2016 (L)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 TRUE COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER TO OPERATIVE ON THE ROUTE PONNUKARA-THRISSUR IN RESPECT OF STAGE CARRIAGE KL-42/2743 DATED 19.3.2016.

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P2 TRUE COPY OF THE REGISTRATION CERTIFICATE IN RESPECT VEHICLE BEARING REGISTRATION NO KL-42/2743

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P3 TRUE COPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF VEHCLE BEARING REGISTRATION NO. KL-8/Y.3950

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P4 TRUE COPY OF THE APPLICATION FOR REPLACEMENT DATED 21.6.2016. SUBMITTED BY THE PETITIONER.

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P5 TRUE COPY OF THE JUDGMENT IN W.P. (C) NO. 1960/2013 DATED 21.1.2013.

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RESPONDENT(S)' EXHIBITS:

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

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

SHAJI P. CHALY, J.

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W.P.(C). No.21718 of 2016

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----------------------------------------------Dated this the 30^th day of June, 2016

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JUDGMENT

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Petitioner is a holder of regular permit with respect to vehicle bearing No.KL-42/2743, which is valid till 29.12.2017. While so petitioner has submitted Ext.P4 application seeking replacement of the vehicle, which is pending consideration before the respondent on and w.e.f. 21.6.2016. Nonconsideration of Ext.P4 is the sole grievance voiced by the petitioner in this writ petition.

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Having heard learned counsel for the petitioner and learned Government Pleader, there will be a direction to the respondent to consider Ext.P4 in accordance with law and take a decision on the same within a period of three weeks from the date of receipt of a copy of this order. Needless to say, the viability and road worthiness of the vehicle is to be taken into account rather than model of the vehicle.

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Writ petition is disposed of accordingly.

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Sd/-

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SHAJI P. CHALY JUDGE

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smv/30.06.2016

Sreenivasan v. the Secretary, Rta, Thrissur

Case brief

What is this about?

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Sreenivasan v. the Secretary, Rta, Thrissur

Case brief

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What did the court decide?

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