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Joy vs the Secretary

JOY vs The Secretary

Type Court Judgment Court Kerala Decided Nov 01, 2023
~2 min read
https://sooperkanoon.com/case/1402330

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/36073/2023

Parties & Advocates

Appellant / Petitioner

JOY

Respondent

The Secretary

Excerpt

.....till 08.12.2020. the petitioner had filed an application for replacement of his vehicle kl-10 s 9234, in 2004 model vehicle with another vehicle i.e., kl-03 n 3333. however, no decision has been taken on the replacement of the said vehicle nor any decision has been taken for renewal the permit which got expired on 08.12.2020.2. the learned counsel for the petitioner submits that he would satisfy with the direction issued to the respondent to consider ext.p7. the petitioner has filed the ext.p7 application only on 05.08.2023 much after the permit expired on 08.12.2020.3. considering the aforesaid fact, the petitioner’s application in ext.p7 be decided by the respondent in accordance with law within a period of two months.4. with the aforesaid direction, the presentwrit petition is disposed of. sd/- dinesh kumar singh judge rpr appendix of wp(c) 36073/2023 petitioner’s exhibits exhibit p1 true copy of the regular permit issued to the petitioner dated 17.2.2020. exhibit p2 true copy of the rc book of the outgoing vehicle kl-10 s 9234 dated 25.11.2019. exhibit p3 true copy of the rc particulars of theincoming vehicle kl-03 n 3333, obtained from the website of the motor vehicles department dated nil.exhibit p4 true copy of the application for replacement 6.10.2020 with covering letter. exhibit p5 true copy of the judgment in wp[c] no.21735/2020 dated 26.11.2020. exhibit p6 true copy of the request submitted by petitioner before the respondent dated 14.8.2023. exhibit p7 the request for renewal was also submitted on5.8.2023. a true copy of the request submitted by the petitioner before the respondent dated 5.8.2023.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH WEDNESDAY, THE 1ST DAY OF NOVEMBER 2023 / 10TH KARTHIKA, 1945 PETITIONER: JOY AGED 72 YEARS S/O ITTOOP, MALIYEKKAL HOUSE, KUNDUKADU COLONY ROAD, MALESAMANGALAM, THIRUVILWAMALA, THRISSUR, PIN - 680 588. BY ADV I.DINESH MENON RESPONDENT: THE SECRETARY REGIONAL TRANSPORT AUTHORITY, REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O., THRISSUR, PIN - 680 003. OTHER PRESENT: S. GOPINATHAN-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

DINESH KUMAR SINGH, J.

Dated this the 1st day of November, 2023

JUDGMENT

1. The present writ petition has been filed

by the petitioner who is operating a stage carriage KL-10 S 9234 on the route Choolannur-Mayannur. The petitioner’s stage carriage permit was valid till 08.12.2020. The petitioner had filed an application for replacement of his vehicle KL-10 S 9234, in 2004 model vehicle with another vehicle i.e., KL-03 N 3333. However, no decision has been taken on the replacement of the said vehicle nor any decision has been taken for renewal the permit which got expired on 08.12.2020.

2. The Learned Counsel for the petitioner submits that he would satisfy with the direction issued to the respondent to consider Ext.P7. The petitioner has filed the Ext.P7 application only on 05.08.2023 much after the permit expired on 08.12.2020.

3. Considering the aforesaid fact, the petitioner’s application in Ext.P7 be decided by the respondent in accordance with law within a period of two months.

4. With the aforesaid direction, the present

writ petition is disposed of. Sd/- DINESH KUMAR SINGH JUDGE rpr APPENDIX OF WP(C) 36073/2023 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER DATED 17.2.2020. Exhibit P2 TRUE COPY OF THE RC BOOK OF THE OUTGOING VEHICLE KL-10 S 9234 DATED 25.11.2019. Exhibit P3 TRUE COPY OF THE RC PARTICULARS OF THE

INCOMING VEHICLE KL-03 N 3333, OBTAINED FROM THE WEBSITE OF THE MOTOR VEHICLES DEPARTMENT DATED NIL.

Exhibit P4 TRUE COPY OF THE APPLICATION FOR REPLACEMENT 6.10.2020 WITH COVERING LETTER. Exhibit P5 TRUE COPY OF THE JUDGMENT IN WP[C] NO.21735/2020 DATED 26.11.2020. Exhibit P6 TRUE COPY OF THE REQUEST SUBMITTED BY PETITIONER BEFORE THE RESPONDENT DATED 14.8.2023. Exhibit P7 THE REQUEST FOR RENEWAL WAS ALSO SUBMITTED ON

5.8.2023. A TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 5.8.2023.

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Same Court & Year Kerala · 2023 Same Parties JOY vs The Secretary Same Judge Honourable Mr. Justice D. K. Singh

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