M.Padmanabhan v. The Secretary, Regional Transport Authority, Vadakara

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 17TH DAY OF MARCH 2015/26TH PHALGUNA, 1936 WP(C).No. 8340 of 2015 (N) --------------------------- PETITIONER:

------------------- M.PADMANABHAN, MAMAMTETHAZHE HOUSE, NEAR RAILWAY STATION, VADAKARA.

BY ADV. SRI.I.DINESH MENON RESPONDENT:

--------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, VADAKARA - 673 101.

BY GOVERNMENT PLEADER SRI.R.RANJITH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 8340 of 2015 (N) -------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

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

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

TRUE COPY OF THE RC BOOK OF KL-18 A 3535.

EXHIBIT P3 :

TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 12.3.2015.

EXHIBIT P4 :

TRUE COPY OF THE JUDGMENT IN WP(C) NO.407/2015 DATED 7.1.2015.

RESPONDENT'S EXHIBITS:

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

K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 8340 of 2015 - - - - - - - - - - - - - - - - Dated 17th March, 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-18 A 3535 without insisting for surrender of the existing regular permit issued in respect of that vehicle to operate on the route Thottilpalam-Vilangad-Vadakara.

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.P3 request made by the petitioner for the issuance of Clearance Certificate in respect of stage carriage bearing registration No.KL-18 A 3535 and pass orders

WP(C).8340/15 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//