High Court Kerala High Court

Mohammedkutty T.P. vs The Secretary on 20 October, 2010

Kerala High Court
Mohammedkutty T.P. vs The Secretary on 20 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31093 of 2010(J)


1. MOHAMMEDKUTTY T.P., S/O.MOIDEENKUTTY,
                      ...  Petitioner

                        Vs



1. THE SECRETARY, REGIONAL TRANSPORT
                       ...       Respondent

                For Petitioner  :SRI.I.DINESH MENON

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :20/10/2010

 O R D E R
                        C.T. RAVIKUMAR, J
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                  W.P.(C)No. 31093 OF 2010
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         Dated this the 20th day of October, 2010


                          J U D G M E N T

The petitioner is the Managing Director of Westar

Classic. The firm operates a stage carriage service on the

route Perinthalmanna – Ottapalam with stage carriage bearing

registration No. KL-9G 2455. Subsequently, the firm

purchased later, model vehicle bearing registration No. KL-53

B 5207. Though the permit of the existing vehicle viz., KL-

9G 2455 stands in the name of the Managing Partner,

Westar Classic, Pulamanthole, Perinthalmanna, the latter

model vehicle bearing registration No. KL-53 B 5207 was

registered in the name of Muhammedkutty T.P., S/o.

Moideenkutty, Managing Partner, Westar Classic,

Pulamanthole P.O., Perinthalmanna, Malappuram-678 323.

The petitioner herein has preferred Ext.P5 application for

replacement of the vehicle. The grievance of the petitioner is

that the respondent has taken a stand that the application for

replacement of vehicle would not be considered on account of

the fact that the existing vehicle stands in the name of the

WPC.NO.31093/2010
: 2 :

Managing Partner whereas the incoming vehicle stands in the

name of Muhammedkutty. The contention of the petitioner is

that Ext.P1 Partner ship deed would reveal that the petitioner

is the Managing Partner of the firm and therefore, according

to the petitioner the said reason shall not stand in the way of

consideration of the application for replacement of the vehicle.

2. Be that as it may, it is the fact that the petitioner has

already submitted Ext.P5 application for replacement of the

vehicle before the respondent. If any further details for the

purpose of taking a decision on Ext.P5 including consent letter

from other partners are required it will be open to the

respondent to call for such details from the petitioner and to

provide time fore the petitioner to produce such documents.

At any rate, the respondent is bound to pass orders on Ext.P5

application. Therefore, this writ petition is disposed of

directing the respondent to consider Ext.P5 application and

pass orders thereon, expeditiously, at any rate, within a period

of one month from the date of receipt of copy of the judgment.

Sd/-

                                  (C.T. RAVIKUMAR, JUDGE)

jma             //true copy//


                                            P.A to Judge