Sahir v. The Secretary,Regional Transport Authority, Malappuram

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937 WP(C).No. 11661 of 2015 (G) ---------------------------- PETITIONER:

------------------- SAHIR, S/O.ALIYAMU, CHITTAKATH HOUSE, KUTTIPPURAM, MALAPPURAM DISTRICT.

BY ADV. SRI.SAJU J.VALLYARA RESPONDENT:

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

BY SENIOR GOVT. PLEADER SRI.BIJU MEENATTOOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 11661 of 2015 (G) --------------------------------------- APPENDIX PETITIONER EXHIBITS:

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

PHOTOCOPY OF THE REGULAR PERMIT VIDE NO.P.ST.10/501/2001 ISSUED TO THE PETITIONER BY THE RESPONDENT.

EXHIBIT P2 :

PHOTOCOPY OF THE REQUEST DATED 30.3.2015 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

RESPONDENT'S EXHIBITS:

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

K.VINOD CHANDRAN, J.

--------------------------------------- W.P.(C).No.11661 of 2015-G ---------------------------------------- Dated this the 08th day of April, 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-10 AB 3696 without insisting for surrender of the existing regular permit issued in respect of that vehicle to operate on the route Perinthalmanna-Valanchery.

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-10 AB 3696, and pass orders thereon without insisting for surrender of existing regular permit. The needful in the matter shall be done within one week from the

W.P.(C).No.11661 of 2015-G ::2::

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