Sajeev Kumar, vs the Secretary,

Sajeev Kumar, vs The Secretary,

Type Court Judgment Court Kerala Decided Apr 30, 2024

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https://sooperkanoon.com/case/1324664

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Citation: sooperkanoon.com/1324664
Court: Kerala High Court
Judge: Honourable Dr. Justice Kauser Edappagath
Decided On: Apr 30, 2024
Case Number: WP(C)/16631/2024

Parties & Advocates

Appellant / Petitioner

Sajeev Kumar,

Respondent

The Secretary,

Excerpt

.....regular permit was issued in the name of the petitioner w.e.f. 11.04.2023 for the above mentioned vehicle to operate on the route koothuparambu- kozhikode after effecting replacement. in the meantime, the period of ext.p1 lease agreement was expired after 11 months from the date of execution of the lease agreement and the same was renewed on 02.04.2024 for a further period of 11 months. thereafter, the petitioner made ext.p4 request before the 1 st respondent for continuance of the lease period for 11 more months.2. the limited prayer of the petitioner is to give a- : 3 :- direction to the 1st respondent to consider and pass orders on ext.p4. having heard the learned counsel for the petitioner and the learned government pleader, this writ petition is disposed of with a direction to the 1 st respondent to consider and pass appropriate orders on ext.p4, after hearing the petitioner, within a period of one month from the date of receipt of a copy of thisjudgment.sd/- dr.kauser edappagath, judge as - : 4 :- appendix of wp(c) 16631/2024 petitioner exhibits exhibit p1 a true copy of a lease agreement dated 10.05.2022 executed with the registered owner of that vehicle exhibit p2 a true copy regular permit dated 11.04.2023 issued by the 2nd respondent for vehicle no.kl-10ay-4524 to operate on the route koothuparambu - kozhikode exhibit p3 a true copy of the renewed agreement dated 02.04.2024 executed between the petitioner and the registered owner of bus no.kl-10-ay-4524 exhibit p4 a true copy of the request dated 02.04.2024 submitted by the petitioner relating to vehicle no.kl-10-ay4524

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 30TH DAY OF APRIL 2024 / 10TH VAISAKHA, 1946 PETITIONER: SAJEEV KUMAR, AGED 56 YEARS S/O. GOPALAN, PITANTAVIDA HOUSE, PATHAMKUNNU, THALASSERY.P.O, KANNUR DISTRICT, PIN - 670101 BY ADVS. G.HARIHARAN PRAVEEN.H. K.S.SMITHA B.R.SINDU V.R.SANJEEV KUMAR V.ROHITH AFNA V.P. RESPONDENTS: 1 THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, REGIONAL TRANSPORT OFFICE, VADAKARA, PIN - 673513 2 REGIONAL TRANSPORT AUTHORITY, VADAKARA, AT COLLECTORATE, CIVIL STATION, KOZHIKODE REPRESENTED BY ITS SECRETARY, PIN - 673004 OTHER PRESENT: SRI. ARUN AJAY SHANKAR-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: - : 2 :-

JUDGMENT

The petitioner is a stage carriage operator and the registered owner of the Bus No.KL-58T-8696, which was operating on the route Koothuparambu-Kozhikode. Since the vehicle became unfit for operation, the petitioner acquired another vehicle bearing registration No.KL-10AY-4524 on the basis of a lease agreement. Thereafter, regular permit was issued in the name of the petitioner w.e.f. 11.04.2023 for the above mentioned vehicle to operate on the route Koothuparambu- Kozhikode after effecting replacement. In the meantime, the period of Ext.P1 lease agreement was expired after 11 months from the date of execution of the lease agreement and the same was renewed on 02.04.2024 for a further period of 11 months. Thereafter, the petitioner made Ext.P4 request before the 1 st respondent for continuance of the lease period for 11 more months.

2. The limited prayer of the petitioner is to give a

- : 3 :- direction to the 1st respondent to consider and pass orders on Ext.P4. Having heard the learned counsel for the petitioner and the learned Government Pleader, this writ petition is disposed of with a direction to the 1 st respondent to consider and pass appropriate orders on Ext.P4, after hearing the petitioner, within a period of one month from the date of receipt of a copy of this

judgment.

Sd/- DR.KAUSER EDAPPAGATH, JUDGE AS - : 4 :- APPENDIX OF WP(C) 16631/2024 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF A LEASE AGREEMENT DATED 10.05.2022 EXECUTED WITH THE REGISTERED OWNER OF THAT VEHICLE EXHIBIT P2 A TRUE COPY REGULAR PERMIT DATED 11.04.2023 ISSUED BY THE 2ND RESPONDENT FOR VEHICLE NO.KL-10AY-4524 TO OPERATE ON THE ROUTE KOOTHUPARAMBU - KOZHIKODE EXHIBIT P3 A TRUE COPY OF THE RENEWED AGREEMENT DATED 02.04.2024 EXECUTED BETWEEN THE PETITIONER AND THE REGISTERED OWNER OF BUS NO.KL-10-AY-4524 EXHIBIT P4 A TRUE COPY OF THE REQUEST DATED 02.04.2024 SUBMITTED BY THE PETITIONER RELATING TO VEHICLE NO.KL-10-AY4524

Same Court & Year Kerala · 2024 Same Parties Sajeev Kumar, vs The Secretary, Same Judge Honourable Dr. Justice Kauser Edappagath