High Court of KeralaWP(C)/10316/2015disposed of

Eldows C.Thomas v. Secretary, The Regional Transport Authority Cum Regional Transport Officer, Idukki

2015-03-31Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 31ST DAY OF MARCH 2015/10TH CHAITHRA, 1937 WP(C).No. 10316 of 2015 (L) PETITIONER(S):

----------------------- ELDOWS C.THOMAS, CHITTEMALIL HOUSE, NEELIMATTOM P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686 693.

BY ADVS.SRI.P.SANTHOSH KUMAR SRI.T.P.SAJAN RESPONDENT(S):

-------------------------- SECRETARY, THE REGIONAL TRANSPORT AUTHORITY CUM REGIONAL TRANSPORT OFFICER, IDUKKI, PIN - 685 602.

BY GOVERNMENT PLEADER SRI.R.RANJITH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 10316 of 2015 (L) APPENDIX PETITIONER(S)' EXHIBITS:

-------------------------------------- EXT.P1: TRUE COPY OF THE REGUALR PERMIT ISSUED TO THE PETITIONERS VEHICLE NO.KL-36A/7009 FOR THE PERIOD FROM 11.5.2011 TO 10.5.2016. EXT.P2: TRUE COPY OF THE APPLICATION FOR ISSUE A CLEARANCE CERTIFICATE. RESPONDENT(S)' EXHIBITS:

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

K.VINOD CHANDRAN, J.

W.P.(C).No.10316 of 2015-L ---------------------------------------- Dated this the 31st 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 bearing registration No.KL-36/A/7009 without insisting for surrender of the existing regular permit issued in respect of that vehicle to operate on the route Ernakulam-Kaloor Bus Stand-Devikulam via Kalamasser, H M T, Cochin Bank Junction, Aluva, Vazhakkulam, Chemberukey, Perumbavoor, Kothamangalam, Neriyamangalam, Adimali, Pallivasal, Munnar.

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 respondents to consider Exhibit P2 request made by the petitioner for the issuance of Clearance Certificate in respect of stage carriage bearing registration No.KL-36/A/7009, and pass orders

W.P.(C).No.10316 of 2015 -L ::2::

thereon 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, 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. If the current records are not produced within that time, permit shall stand cancelled.

Writ petition is disposed of.

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