Disposed

K. N. Venugopalan v. the Secretary

Kerala HC19 Oct 2023WA/1832/2023

Case brief

AI extract

What is this about?

In this writ appeal, the High Court of Kerala addressed a petition seeking exemption for an appellant to operate his vehicle beyond the statutory restriction of Rule 260A of the Kerala Motor Vehicle Rules, 1989. The Court directed the respondent authority to consider the application for exemption within four weeks while permitting the appellant to ply the vehicle in the interim.

What did the court decide?

Direction to respondent authority to consider exemption application within four weeks; permit to ply vehicle till decision rendered.

K. N. Venugopalan Vs the Secretary — Service and Employment | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI

¶4

¶5

THE HONOURABLE MR.JUSTICE V.G.ARUN

¶6

THURSDAY, THE 19^TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945

¶7

WA NO. 1832 OF 2023

¶8

AGAINST THE ORDER/JUDGMENT in WP(C) 31679/2023 OF HIGH COURT OF

¶9

KERALA

¶10

APPELLANT/PETITIONER IN WPC:

¶11

K. N. VENUGOPALAN

¶12

AGED 52 YEARS S/O NANDAKUMARAN, KANNANCHEDATHU HOUSE, P.O. CHERUVALLORE, KORATTY, THRISSUR, PIN - 680308

¶13

BY ADVS. P.DEEPAK NAZRIN BANU

¶14

RESPONDENTS/RESPONDENTS IN THE WP(C):

¶15

1 THE SECRETARY TRANSPORT (B) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN - 695001

¶16

2 REGIONAL TRANSPORT AUTHORITY THRISSUR, REPRESENTED BY ITS SECRETARY, CIVIL STATION, AYYANTHOLE PO, THRISSUR, PIN - 680003

¶17

3 SECRETARY

¶18

REGIONAL TRANSPORT AUTHORITY, THRISSUR, CIVIL STATION, AYYANTHOLE PO, THRISSUR, PIN - 680003

¶19

OTHER PRESENT:

¶20

SR.GP.T.K.VIPINDAS

¶21

THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶22

W.A.No.1832 of 2023

¶23

¶24

A. J. Desai, C.J. &

¶25

V.G. Arun, J.

¶26

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

¶27

W.A. No.1832 of 2023

¶28

Dated this the 19^th day of October 2023

¶29

JUDGMENT

¶30

A.J. Desai, C.J.

¶31

By way of the present appeal filed under Section 5 of the Kerala High Court Act, 1958, the writ petitioner has impugned the judgment of the learned Single Judge dated 27/09/2023, dismissing the writ petition. In the writ petition the appellant/petitioner seeks the following relief;

¶32

“Issue a writ in the nature of mandamus or such other

¶33

writ, order or direction commanding the 1^st respondent to consider and pass orders on Ext.P5 representation filed by the petitioner under Rule 334 of the Kerala Motor Vehicle Rules, 1989, seeking exemption from the application of Rule 260A of the Kerala Motor Vehicles Rules, 1989, thereby permitting the petitioner to operate his vehicle bearing registration number KL 08 Y 6397 at least until the expiry of Exhibit P3 certificate of fitness issued to his vehicle, which falls on 16/03/2024, with notice and opportunity of being heard to the petitioner.”

¶34

2.However, the learned Single Judge, instead of granting exemption, has decided that the vehicle cannot ply beyond a period of 20 years, in view of Rule 260A of the Kerala Motor Vehicles Rules, 1989.

¶35

W.A.No.1832 of 2023

¶36

¶37

In this appeal and also before this Court the only prayer made on behalf of the appellants is to direct the respondents concerned to consider Ext.P5 i.e. an application filed under Rule 334 of the Kerala Motor Vehicle Rules,1989 to grant exemption with regard to the applicability of Rule 260A of the Kerala Motor Vehicles Rules, 1989. It is submitted that the authority concerned has power under Rule 334 to grant exemption.

¶38

Having heard the learned Advocate appearing for the appellant and the learned Government Pleader for the respondents, we dispose of the writ appeal with a direction to the respondent authority concerned to consider Ext.P5 representation/application dated 09/08/2023 as early as possible, at any rate, within a period of four weeks from today. Till such representation/application is decided, the appellant may be permitted to ply the vehicle, abiding the relevant provisions and rules.

¶39

Sd/-

¶40

A. J. Desai Chief Justice

¶41

Sd/-

¶42

V.G. Arun Judge

¶43

dpk

K. N. Venugopalan v. the Secretary

Case brief

What is this about?

What did the court decide?

K. N. Venugopalan v. the Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Joseph Fencer Vs State of Kerala

P.J. Navas Vs the Branch Manager

Kerala Coastal Zone Management Authority, Vs Dr. Xavier Mathew

Imperial Systems Vs Bharath Sanchar Nigam Ltd.

Mahin K Vs Kerala Water Authority

K.K. Mujeeb Vs the Deputy Labour Officer