Abdu Rahiman N.K vs The Secretary on 27 March, 2015

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Kerala High Court

Abdu Rahiman N.K vs The Secretary on 27 March, 2015

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. 10959 of 2015 (T)
                                    ----------------------------

PETITIONER :
---------------------

            ABDU RAHIMAN N.K.,
            S/O. KUNJALAN HAJI
            NACHIKKADAN HOUSE
            MOTTAMMAL, KOOTTILANGADI
            MALAPPURAM DISTRICT.

            BY ADV. SRI.SAJU J.VALLYARA

RESPONDENT :
-----------------------

            THE SECRETARY,
             REGIONAL TRANSPORT AUTHORITY,
             MALAPPURAM, PIN - 676 505.

             BY SR. GOVT.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:


Mn


                                                                          ...2/-

WP(C).No. 10959 of 2015 (T)




                                 APPENDIX


PETITIONER'S EXHIBITS :


EXT.P1     : PHOTOCOPY OF THE REPLACEMENT APPLICATION DATED 27.3.2015
             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 P-I.


EXT.P3       PHOTOCOPY OF THE JUDGMENT IN WP(C) NO. 6233/2015 DATED
             27.2.2015.




RESPONDENT'S EXHIBITS :       NIL




                                                          //TRUE COPY//




                                                          P.S. TO JUDGE
Mn



             K.VINOD CHANDRAN, J
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             W.P.(C).No. 10959 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).10959/15 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//

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