Kerala High Court
Joy M.A vs The Secretary on 28 February, 2014
Author: K. Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
THURSDAY, THE 3RD DAY OF APRIL 2014/13TH CHAITHRA, 1936
WP(C).No. 8555 of 2014 (T)
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PETITIONER :
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JOY M.A., S/O.ANTONY,
MACHINGAL HOUSE, PANTHALOOR P.O.,
THRISSUR.
BY ADV. SRI.I.DINESH MENON
RESPONDENT :
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THE SECRETARY,
REGIONAL TRANSPORT AUTHORITY,
THRISSUR.PIN-680 003
BY GOVERNMENT PLEADER SRI.NOUSHAD THOTTATHIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03-04-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sts
WP(C).No. 8555 of 2014 (T)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1. TRUE COPY OF THE PERMIT OF KL-42 A9510.
EXHIBIT P2. TRUE COPY OF THE RC BOOK OF KL-42 A9510.
EXHIBIT P3. TRUE COPY OF THE TEMPORARY REGISTRATION DATED 28/2/2014.
EXHIBIT P4. TRUE COPY OF THE APPLICATION FOR REPLACEMENT WITH
COVERING LETTER AND LEASE AGREEMENT DATED 20/3/2014.
EXHIBIT P5. TRUE COPY OF THE JUDGMENT IN WPC NO.5509/2014 DATED
26/2/2014.
RESPONDENT(S)' EXHIBITS: NIL
/TRUE COPY/
P.A.TO.JUDGE
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K. VINOD CHANDRAN, J
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W.P(C) No. 8555 of 2014
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Dated this the 3rd day of April, 2014
J U D G M E N T
Petitioner contends that he had applied for replacement of vehicle, producing a vehicle, which is in his possession, on a valid lease agreement. Ext.P4 application is not accepted by the Registering Authority, since the petitioner is not the registered owner of the vehicle. 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 that view of the matter, this writ petition is disposed of as follows:-
The respondent shall accept and consider WPC.8555/2014 : 2 : Ext.P4 and pass appropriate orders within a period of one week 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, but if he is in possession of a valid agreement and he complies with the other procedures in accordance with law.
Writ petition disposed of.
Sd/-
(K. VINOD CHANDRAN, JUDGE)
jma //true copy//
P.A to Judge