Petitioner sought a writ directing the Rural Transport Authority to consider an application for vehicle replacement despite the vehicle being taken on lease. Court directed the respondent to consider the application within six weeks.
Directed the respondent to consider the applicant's application for vehicle replacement.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942 WP(C).No.28235 OF 2020(D)
PETITIONER:
ANEESHA KRISHNAN W/O MIDHUN.R, MKURINGOTHIL HOUSE, VARAPPETTY.P.O, KOTHAMANGALAM-686691.
BY ADV. SRI.I.DINESH MENON
RESPONDENT:
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM, COLLECTORATE.P.O, KAKKANAD-682030.
SRI KP HARISH, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.28235 OF 2020 2
JUDGMENT
The petitioner has preferred Ext.P5 application for replacement of the vehicle to operate under a permit. It is stated that the respondent has not considered the application citing the reason that the vehicle offered for replacement is taken on lease by the petitioner. It is submitted by the learned counsel for the petitioner that the mere fact that the vehicle that is offered for substitution is taken on lease, cannot be a reason to deny the permission for replacement, as held by this Court in Anil Kumar v. RTA, Kollam [2010 (1) KLT 758].
The petitioner shall produce a copy of the writ petition together with a copy of this judgment, before the respondent, for further action.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
sru
WP(C).No.28235 OF 2020 3
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER DATED 9.6.2020 EXHIBIT P2 TRUE COPY OF THE RC BOOK OF VEHICLE KL-07 AT 6854. EXHIBIT P3 TRUE COPY OF THE RC BOOK OF VEHICLE KL-41 R 1343. EXHIBIT P4 TRUE COPY OF THE LEASE AGREEMENT DATED 14.12.2020. EXHIBIT P5 TRUE COPY OF THE APPLICATION FOR REPLACEMENT DATED 14.12.2020. EXHIBIT P6 COPY OF THE JUDGMENT IN WP(C)NO.10987/2020 DATED 04.06.2020.
RESPONDENT'S EXHIBITS:NIL
//TRUE COPY//
P.A TO JUDGE
1 issue framed by the court
Whether a leased vehicle offered for permit replacement qualifies for permission under prevailing judicial standards.
Colour shows how this judgement treated each authority
Anil Kumar v. RTA, KollamReferred¶14
Anil Kumar v. RTA, Kollam [2010 (1) KLT 758]
ANEESHA KRISHNAN W/O MIDHUN.R
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
