The Kerala High Court closed a writ petition challenging the delay in vehicle replacement. The petition was sealed without prejudice to the petitioner's right to challenge the prior rejection order via appropriate proceedings.
The writ petition is closed without prejudice to the petitioner's right to challenge the rejected application in appropriate proceedings.
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 ANIL K.NARENDRAN
THURSDAY, THE 08TH DAY OF AUGUST 2019 / 17TH SRAVANA, 1941
WP(C).No.20522 OF 2019(M)
PETITIONERS:
KABEER, AGED 45 YEARS S/O. KUNHIMON, CHEKKINTEPURAKKAL HOUSE, VETTOM P.O, TIRUR, MALAPPURAM DISTRICT
BY ADV. SRI.SAJU J.VALLYARA
RESPONDENT:
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, PIN 676 505
BY SRI. K.P.HARISH, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, who is the holder of regular permit on the route Kottakkal-Koottai in respect of stage carriage bearing registration No.KL-10/P-6100, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondent to consider and dispose of Ext.P2 application dated 08.04.2019 submitted by him for replacement of the aforesaid vehicle, with another vehicle bearing registration No.KL-55/Z-8835, on the said route, within a reasonable time limit to be fixed by this Court.
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Government Pleader that Ext.P2 application made by the petitioner for replacement has already been rejected by proceedings dated 19.04.2018 of the Regional Transport Authority, Malappuram (Item No.44).
Recording the above submission made by the learned counsel for the petitioner, this writ petition is closed, without prejudice to the aforesaid right of the petitioner.
Sd/-
ANIL K.NARENDRAN, JUDGE
AV/9/8
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE REGULAR PERMIT ISSUED BY THE RESPONDENT TO THE PETITIONER IN RESPECT OF STAGE CARRIAGE KL-10-P-6100
EXHIBIT P2 PHOTOCOPY OF THE REPLACEMENT APPLICATION DATED 08-04-2019 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.
1 issue framed by the court
Whether the writ petition regarding a request for vehicle replacement must be dismissed without prejudice.
KABEER
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM
ANIL K.NARENDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
