Hariz, v. the Secretary
Case brief
What is this about?
Petitioner challenged order cancelling fitness certificate for his stage carriage without hearing him and stating only 'suspicious reasons'. Court held cancellation violated natural justice and set aside the order.
What did the court decide?
Order Ext.P5 cancelling Ext.P3 fitness certificate set aside; petitioner allowed to approach authorities later.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 3RD DAY OF AUGUST 2023/12TH SRAVANA, 1945
WP(C) NO. 14558 OF 2023
PETITIONER:
HARIZ,
AGED 44 YEARS
S/O. PAREED KUNJU ,
KANNAGEZHAM, KURAVANTHODE VANDANAM,
AMBALAPUZHA – 688 005.
BY ADV K.V.GOPINATHAN NAIR
RESPONDENTS:
1THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY
(REGIONAL TRANSPORT OFFICER) ALAPPUZHA,
CIVIL STATION, PALACE RD,
CIVIL STATION WARD,
ALAPPUZHA – 688 001.
2JOINT REGIONAL TRANSPORT OFFICER,
SUB REGIONAL TRANSPORT OFFICE,
KONDOTTY, MALAPPURAM CIVIL STATION RD,
UP HILL, MALAPPURAM – 676 505.
SRI. SREEJITH - GP
Issues for consideration
2 issues framed by the court
Whether order cancelling fitness certificate without hearing the petitioner violates principles of natural justice?
Whether the order stating only 'suspicious reasons' is sufficient ground for cancellation?
Parties & counsel
- petitioner
HARIZ
- respondent
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY ALAPPUZHA
- respondent
JOINT REGIONAL TRANSPORT OFFICER, KONDOTTY
Coram
Case details
As recorded by the court registry
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