Kerala High Court
C.P Mohammedali vs The Secrtary on 27 March, 2015
Author: K.Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 7TH DAY OF APRIL 2015/17TH CHAITHRA, 1937
WP(C).No. 10781 of 2015 (W)
----------------------------
PETITIONER :
----------------------
C.P MOHAMMEDALI, S/O.KUNHAYAMMAD,
CHERAPURATH HOUSE, CHERIYAM, KOOTTIL P.O.,
MALAPPURAM DISTRICT,
REPRESENTED BY THE POWER OF ATTORNEY, SAJEER N.,
S/O.ABOOBACKER, NIRAPPIL HOUSE, VADAKKANGARA P.O.,
MANKADA, PERINTALMANNA, MALAPPURAM.
BY ADV. SRI.SAJU J.VALLYARA
RESPONDENT :
----------------------------
THE SECRTARY,
REGIONAL TRANSPORT AUTHORITY,
MALAPPURAM, PIN -676 505
BY SR GOVERNMENT PLEADER SRI.BIJU MEENATTOOR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07-04-2015, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sts
WP(C).No. 10781 of 2015 (W)
------------------------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-------------------------------------
EXT.P1 - PHOTOCOPY OF THE REPLACEMENT APPLICATION DATED 27-03-2015
SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.
EXT.P2 - PHOTOCOPY OF THE COVERING LETTER DATED 27.3.2015
SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT ALONG
WITH EXHIBIT P1.
EXT.P3 - PHOTOCOPY OF THE JUDGMENT IN WPC.NO.6233/2015 DATED
27.02.2015
RESPONDENT(S)' EXHIBITS: NIL
------------------------------------------
/TRUE COPY/
P.S.TO JUDGE
sts
K.VINOD CHANDRAN, J
- - - - - - - - - - - - - - - - - - - -
W.P.(C).No. 10781 of 2015
- - - - - - - - - - - - - - - -
Dated 7th April, 2015
- - - - - - - - - - - - - - - - - - - - - - - -
JUDGMENT
The petitioner had submitted Ext.P1 application for replacement of the vehicle in respect of a regular permit which he has in his favour. According to the petitioner, the application is not being considered on the ground that the vehicle does not belong to the petitioner. By the judgment in M.Raveendran v. R.T.O & another (1995 (1) KLJ 96) this Court had considered this matter and has found that it is enough that the applicant have a valid agreement for holding the vehicle.
2. In the above view of the matter, the writ petition is disposed of as follows:-
The respondent shall consider Ext.P1 application and pass appropriate orders within a WP(C).10781/15 2 period of one month from the date of receipt of a copy of this judgment irrespective of the fact that the petitioner is not the registered owner of the replacing vehicle and if he is in possession of a valid agreement and he complies with the other procedures in accordance with law.
Sd/-
K.VINOD CHANDRAN Judge Mrcs //True Copy//