Johny K.M. v. Secretary, Rta, Idukki

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 11TH DAY OF MARCH 2015/20TH PHALGUNA, 1936 WP(C).No. 7640 of 2015 (D) -------------------------------------- PETITIONER(S):

--------------------- JOHNY K.M., S/O.MATHAI, KANNADIYIL HOUSE, VELLOORKKARA P.O., PUTHENCRUZ, ERNAKULAM DISTRICT.

BY ADV. SRI.M.JITHESH MENON RESPONDENT(S):

------------------------- SECRETARY, REGIONAL TRANSPORT AUTHORITY, IDUKKI-685602.

BY GOVERNMENT PLEADER SRI.R.RENJITH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 7640 of 2015 (D) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS ----------------------------------- P1:

COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER P2:

COPY OF THE TEMPORARY PERMIT DATED 20/1/15 P3:

COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DATED 19/2/15 P4:

COPY OF THE JUDGMENT IN WPC.34919/14 DATED 20/12/14 RESPONDENTS' EXHIBITS -------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.7640 of 2015 - D ====================== Dated this the 11th day of March, 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, which is in fact a leased vehicle, bearing registration No. KL-05-P/9790, by keeping the permit under suspended animation and without insisting for surrender of the existing regular permit issued in respect of that vehicle to operate on the route Piravam - Tennathoor.

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 respondents to consider Exhibit P3 request made by the petitioner for the issuance of Clearance Certificate in respect of stage carriage bearing registration

W.P.(C) No.7640 of 2015 - D No. KL-05-P/9790, and pass orders thereon by keeping the permit under suspended animation and without insisting for surrender of the 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, 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