Allowed

Sreejith E v. the Secretary

Kerala HC8 Sept 2016WP(C)/28101/2016

Case brief

AI extract

What is this about?

In a writ petition challenging a direction to produce a Non Objection Certificate from a financier for vehicle replacement, the Court relied on prior judgments and directed the respondent to consider the petitioner’s application within four weeks, dispensing with the certificate requirement.

What did the court decide?

Direction to respondent to consider petitioners application for replacement of vehicle within four weeks without producing Non Objection Certificate from financier.

Sreejith E Vs the Secretary — Service and Employment | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

¶4

THURSDAY, THE 8TH DAY OF SEPTEMBER 2016/17TH BHADRA, 1938

¶5

WP(C).No. 28101 of 2016 (K)

¶6

PETITIONER:

¶7

SREEJITH E., S/O.PADMANABHAN ELIYARA HOUSE, VATTOLI P.O., KAKKATTIL, VADAKARA, KOZHIKODE DISTRICT.

¶8

BY ADV. SRI.SAJU J.VALLYARA

¶9

RESPONDENT:

¶10

THE SECRETARY, REGIONAL TRANSPORT AUTHORITY VADAKARA - 673 010.

¶11

BY SENIOR GOVERNMENT PLEADER SRI.PAUL VARGHESE. M.

¶12

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-09-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶13

WP(C).No. 28101 of 2016 (K)

¶14

APPENDIX

¶15

PETITIONER'S EXHIBITS

¶16

EXHIBIT-P1 PHOTOCOPY OF THE REGULAR PERMIT VIDE PERMIT NO. P.ST.18/50/1997 ISSUED TO THE PETITIONER BY THE RESPONDENT

¶17

EXHIBIT-P2 PHOTOCOPY OF THE REPLACEMENT APPLICATION DATED 05.04.2016 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT

¶18

EXHIBIT-P3 PHOTOCOPY OF THE JUDGMENT IN WPC NO.13890/2016 DATED 28.06.2016

¶19

EXHIBIT-P4 PHOTOCOPY OF THE LETTER VIDE NO.C1/2898/2016/V DATED 18.08.2016 ISSUED BY THE RESPONDENT TO THE PETITIONER

¶20

EXHIBIT-P5 PHOTOCOPY OF THE JUDGMENT IN WPC NO.10812/2007 DATED 22.06.2007

¶21

EXHIBIT-P6 PHOTOCOPY OF THE JUDGMENT IN WPC NO.12680/2008 DATED 05.09.2008

¶22

RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

smv

SHAJI P. CHALY, J.

¶27

W.P.(C). No.28101 of 2016 ----------------------------------------------Dated this the 8^th day of September, 2016

¶28

JUDGMENT

¶29

Petitioner, holder of regular permit in respect of stage carriage bearing No.KL-18-G-1524 has submitted Ext.P2 application seeking replacement of the vehicle. However, respondent has issued Ext.P4 communication dated 18.8.2016, whereby, he is directed to produce Non Objection Certificate from the financier so as to dispose the application for replacement. It is in this background, this writ petition is filed seeking appropriate reliefs.

¶30

Heard learned counsel for the petitioner and learned Senior Government Pleader.

¶31

Learned counsel for the petitioner primarily contends that, Ext.P4 notice issued for production of Non Objection Certificate from the financier cannot be sustained for the reason that, the said question with respect to securing non-objection from the financier was considered by this court

¶32

W.P.(C). No.28101 of 2016

¶33

¶34

in Exts.P5 and P6 judgments and held that, for replacement of the vehicle, authorities cannot insist for No Objection Certificate of the financier.

¶35

Therefore, in that view of the matter, I think it is only appropriate that, a direction is issued to the respondent to consider Ext.P2 application submitted by the petitioner for replacement taking note of Exts.P5 and P6 judgments rendered by this court in W.P.(C) No10812/2017 and W.P.(C) No.12680/2008 dated 22.6.2007 and 5.09.2008 respectively, within a period of four weeks from the date of receipt of a copy of this judgment.

¶36

Writ petition is disposed of accordingly.

¶37

Sd/-

¶38

smv 08.09.2016

Sreejith E v. the Secretary

Case brief

What is this about?

What did the court decide?

Sreejith E v. the Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

K.S.Vijayakumar Vs Antony Chacko

Sreeja Sivasankaran Vs v.Krishnan

Zakheer Hussain Vs Union of Territory of Lakshadweep

Managing Partner, M/S.Padma Metals Vs the Regional Transport Authority

Babu Kurian Vs Regional Transport Authority

K.v.Suresan Vs the Managing Director