Disposed

Saji Andrews v. Joint Regional Transport Officer

Kerala HC19 Dec 2018WP(C)/40245/2018

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition seeking mandamus to renew a contract carriage permit without mandating a No Objection Certificate from the financier. The court directed the Transport Officer to process the renewal application with notice and a hearing within six weeks.

What did the court decide?

Directed the 1st respondent to consider and pass orders on the permit renewal application after hearing the parties within six weeks.

Saji Andrews Vs Joint Regional Transport Officer — Property and Title | Kerala HC (2018)

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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 ANIL K.NARENDRAN

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WEDNESDAY,THE 19TH DAY OF DECEMBER 2018 / 28TH AGRAHAYANA, 1940

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WP(C).No. 40245 of 2018

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PETITIONER:

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SAJI ANDREWS, AGED 62 YEARS, S/O.ANDREWS, ANICKAL PUTHENPARAMBIL, VAKATHANAM.P.O, KOTTAYAM DISTRICT-686538.

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BY ADV. SRI.O.D.SIVADAS

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RESPONDENTS:

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1 JOINT REGIONAL TRANSPORT OFFICER SUB REGIONAL TRANSPORT OFFICE, CHANGANACHERRY, KOTTAYAM DISTRICT-686101.

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2 M/S.INDIA INFOLINE FINANCE LIMITED SANA TOWERS,M.G.ROAD, NEAR PARTHAS,KOCHI-682016 REPRESENTED BY ITS BRANCH MANAGER.

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R1 SRI. K.P.HARISH, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 40245 of 2018

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JUDGMENT

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The petitioner, who is a contract carriage operator with contract carriage bearing registration No.KL-33/E-9158 covered by Ext.P1 certificate of registration and Ext.P2 contract carriage permit issued by the 1^st respondent, which is valid till 23.12.2018, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 1^st respondent to consider Ext.P4 application dated 06.12.2018 for renewal of Ext.P2 contract carriage permit, without insisting No Objection Certificate from the 2^nd respondent financier, taking note of the law laid down by this Court in Shabu Sukumaran v.

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Regional Transport Officer, TVM and others [2018 (2) KHC 470] .

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On 11.12.2018, when this writ petition came up for admission, the learned Senior Government Pleader was directed to get instructions.

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Heard the learned counsel for the petitioner and

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also the learned Senior Government Pleader appearing for

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WP(C).No. 40245 of 2018

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the 1^st respondent. Considering the nature of relief proposed

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to be granted, service of notice on the 2^nd respondent financier is dispensed with.

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The learned Senior Government Pleader, on instructions, would submit that, based on Ext.P4 application made by the petitioner, the 1^st respondent has already issued notice to the petitioner and also to the 2^nd respondent financier and that, after conducting a personal hearing, appropriate orders shall be passed on the application made by the petitioner for renewal of Ext.P2 contract carriage permit, within a time limit to be specified by this Court.

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Having considered the submissions made by the

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learned counsel on both sides, this writ petition is disposed of by directing the 1^st respondent to consider and pass appropriate orders on Ext.P4 application made by the petitioner for renewal of Ext.P2 contract carriage permit, with notice to the petitioner and also to the 2^nd respondent financier and after affording them an opportunity of being heard, strictly in accordance with law, taking note of the law

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WP(C).No. 40245 of 2018

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laid down by this Court in Shabu Sukumaran's case

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( supra ) .

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A decision in this regard shall be taken, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a certified copy of this

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judgment.

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Sd/- ANIL K.NARENDRAN

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JUDGE

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bpr

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WP(C).No. 40245 of 2018

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE RELATING TO BUS NO. KL-33E-9158.

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EXHIBIT P2 TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED BY THE 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF THE REQUEST DATED 07.11.2018 MADE BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR ISSUANCE OF NOC FOR RENEWAL OF NOC. EXHIBIT P4 TRUE COPY OF THE DECLARATION SUBMITTED ON 06.12.2018 BY THE PETITIONER BEFORE THE 1ST RESPONDENT AS PROVIDED UNDER SECTION 51(8)OF THE MOTOR VEHICLES ACT.

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EXHIBIT P5 TRUE COPY OF THE CHALLAN RECEIPT DATED 30.11.2018 EVIDENCING PAYMENT OF RS.3,920/- FOR RENEWAL OF PERMIT BEFORE THE 1ST RESPONDENT.

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EXHIBIT P6 TRUE COPY OF THE JUDGMENT MADE IN W.P. (C)NO.32495/2018 DATED 05.10.2018.

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RESPONDENTS' EXHIBITS: NIL

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//TRUE COPY//

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P.A. TO JUDGE

Saji Andrews v. Joint Regional Transport Officer

Case brief

What is this about?

What did the court decide?

Saji Andrews v. Joint Regional Transport Officer

Case brief

What is this about?

What did the court decide?

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