P.Money vs Regional Transport Officer on 1 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 17553 of 2009(L)


1. P.MONEY, PANACHICKAL VEEDU,
                      ...  Petitioner

                        Vs



1. REGIONAL TRANSPORT OFFICER,
                       ...       Respondent

                For Petitioner  :SRI.M.A.FAYAZ

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :01/07/2009

 O R D E R
                       V.GIRI, J
                     -------------------
                  W.P.(C).17553/2009
                     --------------------
           Dated this the 1st day of July, 2009

                     JUDGMENT

Petitioner operates a stage carriage on the route

Kariamplavu – Kochukulam. The permit is being

operated currently with the vehicle bearing registration

No.KL-03-H-577. Petitioner has sought for replacement

of the vehicle with a new vehicle. He has taken on

lease the new vehicle and has filed an application for

replacement of the vehicle, as evidenced by Ext.P1. He

submits that the respondent is not taking any action on

the replacement application on the ground that the

petitioner is not the registered owner of the vehicle.

Learned counsel for the petitioner with reference to the

judgment of a Division Bench in Raveendran v.

R.T.A, Kannur (1995 (1) KLJ, 96), followed by this

Court in Ext.P7 judgment, submits that the permit

holder need not always be the owner of the vehicle

offered in replacement. This contention is supported by

the view taken in Ext.P7 judgment.

W.P.(C).17553/2009
2

2. In the result, respondent shall pass orders on

Ext.P5 application within one month from today, after

notice to the petitioner as also the registered owner of

the vehicle, which is offered in replacement, as

mentioned in Ext.P7.

Writ petition is disposed of as above.

V.GIRI,
Judge

mrcs