Faisal K. v. Secretary, Regional Transport Authority

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 28TH DAY OF JANUARY 2015/8TH MAGHA, 1936 WP(C).No. 2635 of 2015 (D) ------------------------------------------ PETITIONER(S) :

------------------------- FAISAL K., AGED 33 YEARS, KAIMALLI HOUSE, CHANDHAPARAMBA, MALAPPURAM.

BY ADV. SRI.I.DINESH MENON RESPONDENT(S) :

---------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD- 678 001.

BY GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 2635 of 2015 (D) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT P1:

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

TRUE COPY OF THE RC BOOK OF KL-10 M 1584.

EXT P3:

TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 19.01.2015.

EXT P4:

TRUE COPY OF THE INTERIM ORDER IN W.P.(C).NO.407/2015 DATED 07.01.2015 RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 2635 of 2015 ------------------------------------------ Dated this the 28th 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-10/M 1584 without insisting for surrender of the existing regular permit issued in respect of that vehicle to operate on the route Anakkara - Aliparambu.

2. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondent.

In the circumstances, the writ petition is disposed of directing the respondent to consider Exhibit P3 request made by the petitioner for the issuance of Clearance Certificate in respect of stage carriage bearing registration No.KL-10/M 1584, and pass orders thereon without insisting for surrender of existing regular permit. The needful in the

W.P.(C) No.2635/2015 -2matter 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. If the current records are not produced within that time, permit shall stand cancelled.

Sd/- K.VINOD CHANDRAN, JUDGE jjj