Basheer v. The Secretary, Rta, Alappuzha

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 12TH DAY OF FEBRUARY 2015/23RD MAGHA, 1936 WP(C).No. 4441 of 2015 (E) --------------------------- PETITIONER :

------------------ BASHEER, AGED 45 YEARS, S/O. SEYTHUMUHAMMED, MOOTHEDAM, VANDANAM P.O., ALAPPUZHA BY ADV. SRI.G.PRABHAKARAN RESPONDENT :

-------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ALAPPUZHA - 688 001.

BY SENIOR GOVERNMENT PLEADER SRI. BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4441 of 2015 (E) APPENDIX PETITIONER'S EXHIBITS :

P1:

COPY OF THE PERMIT NO.P.ST.4/2/2002.

P2:

COPY OF THE REQUEST FILED BY THE PETITIONER BEFORE RESPONDENT DT 9/2/2015 VEHICLE NO. KL4/K 5592 ON THE ROUTE ERATTAKULANGARA - RAILWAY STATION.

RESPONDENT'S EXHIBITS :

NIL.

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

K. Vinod Chandran, J.

==================================== W.P.(C)No.4441 of 2015 ==================================== Dated this the 12th day of February, 2015.

JUDGMENT

1. 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-4/K 5592 without insisting for surrender of the existing regular permit issued in respect of that vehicle to operate on the route Erattakulangara-Railway Station.

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

3. In the circumstances, the writ petition is disposed of directing the respondent to consider Exhibit P2 request made by the petitioner for the issuance of Clearance Certificate in respect of stage carriage bearing registration No.KL-4/K 5592 and pass orders thereon

W.P.(C)No.4441 of 2015 -:2:- without insisting for surrender of existing regular 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 as also the Kerala Motor Transport Workers' Welfare Fund Board, including check reports, 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.

K. Vinod Chandran, Judge.

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