Disposed

Abdul Muneer, v. the Secretary

Kerala HC27 Jan 2020WP(C)/1488/2020

Case brief

AI extract

What is this about?

This writ petition sought a direction to consider an application for replacing a stage carriage vehicle where seating capacity variation exceeded 25%. The court directed the Regional Transport Authority to hear the petitioner and pass orders within one month.

What did the court decide?

Direction to the Regional Transport Authority Malappuram to consider Ext.P2 application and pass orders within one month after hearing the petitioner.

Abdul Muneer, Vs the Secretary — Service and Employment | Kerala HC (2020)

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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 A.K.JAYASANKARAN NAMBIAR

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MONDAY, THE 27TH DAY OF JANUARY 2020 / 7TH MAGHA, 1941

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WP(C).No.1488 OF 2020(I)

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PETITIONER/S:

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ABDUL MUNEER, AGED 41 YEARS S/O. MAMMUNNI, MAYAPPAKUZHI HOUSE, PARAVOOR, PULIKKAL P.O., MALAPPURAM DISTRICT.

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BY ADV. SRI.SAJU J.VALLYARA

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RESPONDENT/S:

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THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, CIVIL STATION, UP HILL, MALAPPURAM P.O., PIN-676505, MALAPPURAM DISTRICT.

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SR.GP SMT.C.S.SHEEJA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No. 1488/2020

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JUDGMENT

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The petitioner has preferred Ext.P2 application before the respondent seeking permission for replacement of the vehicle to operate under the regular permit held by him on the route Padikkal-Manjeri-Tirur. The limited prayer in the writ petition is for a direction to the respondent to consider and pass orders on the same expeditiously, after hearing the petitioner.

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Learned Government Pleader would submit, on instructions, inasmuch as the variation noted in the seating capacity between the vehicle offered for replacement and the existing vehicle is more than 25%, the application will have to be considered by the Regional Transport Authority in terms of Rule 174(2)(c) of the Kerala Motor Vehicles Rules.

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Taking note of the said submission, the writ petition is disposed by directing the Regional Transport Authority, Malappuram to consider Ext.P2 application preferred by the petitioner and pass orders thereon, within one month from the date of receipt of a copy of this judgment, either by convening a meeting or through circulation, after hearing the petitioner.

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W.P.(C).No. 1488/2020

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The petitioner shall produce a copy of the writ petition together with a copy of the judgment before the Regional Transport Authority, Malappuram for further action.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR

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JUDGE

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okb/27.1.2020

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//True copy// P.S. to Judge

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W.P.(C).No. 1488/2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 PHOTOCOPY OF THE REGULAR PERMIT ISSUED BY THE RESPONDENT TO THE PETITIONER IN RESPECT OF STAGE CARRIAGE KL-10/AY/4524.

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EXHIBIT P2 PHOTOCOPY OF THE REPLACEMENT APPLICATION DATED 09/01/2020 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

Abdul Muneer, v. the Secretary

Case brief

What is this about?

What did the court decide?

Abdul Muneer, v. the Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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