High Court of KeralaWP(C)/3761/2015disposed of

Prakash Joseph v. The Secretary, Rta

2015-02-06Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 6TH DAY OF FEBRUARY 2015/17TH MAGHA, 1936 WP(C).No. 3761 of 2015 (U) ------------------------------------- PETITIONER(S):

----------------------- PRAKASH JOSEPH, THARAYIL HOUSE, VADUVANCHAL P.O., AMBALAVAYAL, WAYANAD.

BY ADV. SRI.G.PRABHAKARAN RESPONDENT(S):

------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, WAYANAD - 673 121.

BY SENIOR GOVERNMENT PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 3761 of 2015 (U) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

-------------------------------------- EXT.P1: THE TRUE COPY OF THE PERMIT NO.P.ST. 12/8/2005. EXT.P2: TRUE COPY OF THE REQUEST FILED BY THE PETITIONER BEFORE RESPONDENT DTD. 31.1.2015 VEHICLE NO. KL 12/D 4140 ON THE ROUTE KALPETTA - MANANTHAVADY.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 3761 of 2015 - - - - - - - - - - - - - - - - Dated 6th February, 2015 - - - - - - - - - - - - - - - - - - - - - - - -

JUDGMENT

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-12/D 4140 without insisting for surrender of the existing regular permit issued in respect of that vehicle to operate on the route Kalpetta - Mananthavady.

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

3. In the circumstances, the respondent is directed to consider Ext.P2 request made by the petitioner for the issuance of Clearance Certificate in respect of stage carriage bearing registration No.KL-12/D 4140 and pass orders

WP(C).3761/15 thereon, if it is received in original, without insisting for surrender of permit. The needful in the 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 records of the vehicle to be substituted within four months and if it is not produced, permit shall stand cancelled. The writ petition is disposed of as above.

Sd/- K.VINOD CHANDRAN Judge Mrcs //True Copy//