V.K. Abdul Samad v. The Secretary

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 13TH DAY OF FEBRUARY 2015/24TH MAGHA, 1936 WP(C).No. 4764 of 2015 (U) --------------------------- PETITIONER:

------------------- V.K. ABDUL SAMAD, S/O.MOHAMED, V.K.MANZIL, P.O.IORUMBUZHI, MALAPPURAM DISTRICT.

BY ADV. SRI.SAJU J.VALLYARA RESPONDENT:

---------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, PIN - 676 505.

BY GOVERNMENT PLEADER SRI.R.RANJITH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4764 of 2015 (U) ------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

------------------------------------ EXHIBIT P1 :

PHOTOCOPY OF THE REGULAR PERMIT VIDE NO.P.ST.C6/130/2001/M ISSUED TO THE PETITIONER.

EXHIBIT P2 :

PHOTOCOPY OF THE REQUEST DATED 10.2.2015 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

RESPONDENT'S EXHIBITS:

- NILAMBUR -------------------------------------- /TRUE COPY/ P.A. TO JUDGE mbr/

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.4764 of 2015 - U ====================== Dated this the 13th day of February, 2015

J U D G M E N T

The prayer made in the writ petition is for the issuance of a Permitless Certificate in respect of the vehicle bearing registration No. KL-10/K-9460 and keep the permit, issued in respect of that vehicle, to operate on the route Padinhattumuri - Parappanangadi.

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

3. In the circumstances, the writ petition is disposed of directing the respondents to consider Ext.P2 request made by the petitioner for the issuance of Clearance Certificate in respect of stage carriage bearing registration No. KL-10/K-9460, and pass orders thereon without insisting for surrender of existing regular permit.

W.P.(C) No.4764 of 2015 - U 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 the current records of the vehicle sought to be substituted within a period of four months from today, failing which the permit shall stand revoked.

The Writ Petition is disposed of.

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