A stage carriage operator sought replacement of his vehicle. The High Court direct the respondent to decide on the replacement application based on inspection reports, ordering expeditie action within six weeks after staying tax recovery.
Respondent directed to decide on replacement application within six weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 04TH DAY OF NOVEMBER 2020 / 13TH KARTHIKA, 1942
WP(C).No.35631 OF 2019(D)
PETITIONER:
K. VELAYUDHAN, S/O.RARU, 5/594, KALLIDUMBIL HOUSE, PUTHUKODE P.O., CHERUKAVU, RAMANATTUKARA, MALAPPURAM.
BY ADV. SRI.G.HARIHARAN
RESPONDENT:
REGIONAL TRANSPORT OFFICER, CIVIL STATION, MALAPPURAM-676 505.
SRI KP HARISH, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner is a stage carriage operator. He is the registered owner of stage carriage bearing registration No. KL-02-M-9239. The permit issued to him to operate on the route Kannamvettikkavu- Ramanattukara is valid up to 13.10.2021.
“(i) Issue a writ of mandamus or any other appropriate writ or order commanding the respondent to consider and take a decision on Ext.P2 application filed by the petitioner for replacement of vehicle bearing Reg. No. KL-02-M-9239 with bus No. KL-08W-5839 following the provisions contained in Section 83 of the Motor Vehicles Act and rule 174 of the Kerala Motor Vehicles Rules without any delay.”
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the request made by the petitioner for exemption. The report of the Motor Vehicles Inspector reveals that the respondents have confirmed the existence of the vehicle.
In that view of the matter, I direct the respondent to take a decision on Exhibit P2 application filed by the petitioner for replacement of vehicle following the provisions contained in Section 80 of the Motor Vehicles Act and Rule 173 of the Kerala Motor Vehicle Rules. Orders shall be passed expeditiously, at any rate, within a period of six weeks from the date of production of a copy of this judgment.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
DSV
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE 14.10.2016 RELATI 9239 TO OPERATE O KANNAMVETTILKAVU- |
REGULAR PERMIT DATED NG TO BUS NO.KL-02M- N THE ROUTE RAMANATTUKARA. |
|---|---|---|
| EXHIBIT P2 | TRUE COPY OF THE 29.10.2019 FILED REPLACEMENT OF BU BUS NO.KL-08W-583 |
APPLICATION DATED BY THE PETITIONER FOR S NO.KL-02M-9239 WITH 9. |
| EXHIBIT P3 | TRUE COPY OF THE CERTIFICATE OF BU EFFECTING TRANSFE NO.KL-08W-5839. |
REGISTRATION S NO.KL-08W-5839 AFTER R OF OWNERSHIP OF BUS |
| EXHIBIT P4 | TRUE COPY OF THE NO.16822/2016 DAT |
JUDGMENT MADE IN WPC ED 18.05.2016. |
| EXHIBIT P5 | TRUE COPY OF THE 22.11.2019 ISSUED THE NAME OF THE P SUM OF RS 250540/ |
DEMAND NOTICE DATED BY THE RESPONDENT IN ETITIONER DEMANDING A - |
| EXHIBIT P6 | TRUE COPY OF THE 12.8.2020 MADE IN |
INTERIM ORDER DATED WPC NO 3577/2020 |
| EXHIBIT P10 | TRUE COPY OF THE THIS HON'BLE COUR W.P.(C) NO.3577/2 |
STAY ORDER ISSUED BY T IN CONNECTION WITH 020 ON 11.9.2020 |
| EXHIBIT P11 | TRUE COPY OF COUN BEHALF OF THE RES NO.3577/2020. |
TER AFFIDAVIT FILED ON PONDENT IN W.P.(C) |
RESPONDENTS EXHIBITS:NIL
//TRUE COPY// P.A TO JUDGE
1 issue framed by the court
Whether the respondent is directed to consider the petitioner's application for replacement of a stage carriage vehicle disregarding pending tax recovery proceedings.
2 provisions across 2 enactments
K. VELAYUDHAN
REGIONAL TRANSPORT OFFICER, CIVIL STATION, MALAPPURAM
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
