Johny Augusthy v. Secretary, Regional Transport Authority, Kottayam

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 13TH DAY OF JANUARY 2015/23RD POUSHA, 1936 WP(C).No. 1107 of 2015 (K) --------------------------- PETITIONER :

----------------- JOHNY AUGUSTHY, AGED 44 YEARS, KUNNAPPALLIL, MALLIKASSERY, PAIKA, ELIKULAM, KANJIRAPPALLY.

BY ADV. SRI.I.DINESH MENON RESPONDENT :

--------------------- SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOTTAYAM - 686002.

BY SENIOR GOVERNMENT PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1107 of 2015 (K) APPENDIX PETITIONER'S EXHIBITS :

P1:

COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER. P2:

COPY OF THE RC BOOK OF KL-34 5441.

P3:

COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DT 1/1/2015.

P4:

COPY OF THE JUDGMENT IN WPC NO. 407/2015 DT 7/1/2015. RESPONDENT'S EXHIBITS :

NIL.

//TRUE COPY// P.A. TO JUDGE bp

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.1107 of 2015 - K ====================== Dated this the 13th day of January, 2015

J U D G M E N T

The only prayer made in the writ petition is for the issuance of a Clearance Certificate in respect of the vehicle bearing registration No. KL-34-5441 without insisting for surrender of the existing regular permit issued in respect of that vehicle to operate on the route Pala - Ponkunnam.

2. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents. In the circumstances, the writ petition is disposed of directing the respondents to consider Exhibit P3 request made by the petitioner for the issuance of Clearance Certificate in respect of stage carriage bearing registration No. KL-34-5441, and pass orders thereon without insisting for surrender of existing regular permit. The needful in the

W.P.(C) No.1107 of 2015 - K matter shall be done within one week from the date of production of a copy of this judgment, provided all dues to the Government, including check reports, and also the Kerala Motor Transport Workers' Welfare Fund Board with respect to the vehicle are satisfied. The petitioner shall produce the current records of the vehicle sought to be substituted within a period of four months from today, failing which the same shall stand revoked.

Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A To Judge.