Shihab v. The Secretary

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 WP(C).No. 12191 of 2015 (Y) ---------------------------- PETITIONER :

-------------------------- SHIHAB AGED 52 YEARS, KUYYIL HOUSE, KODIYATHOOR PO, MUKKAM, KOZHIKODE REPRESENTED BY ITS POWER OF ATTORNEY HOLDER, MUHAMMED KUNHI KD-1-285, VILAKKOTTIL HOUSE, KODIYATHOOR P O MUKKAM KOZHIKODE.

BY ADV. SRI.STALIN PETER DAVIS RESPONDENT :

---------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY KOZHIKODE 673 001 R BY GOVERNMENT PLEADER SRI BIJU MEENATTOOR.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC NO.12191 OF 2015 APPENDIX PETITIONERS EXHIBITS:

EXT.P1: PHOTOCOPY OF THE REQUEST DATED 4.4.2015 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT RESPONDENTS EXHIBITS: NIL TRUE COPY P.A TO JUDGE jma

K.VINOD CHANDRAN, J.

--------------------------------------- W.P.(C).No.12191 of 2015-Y ---------------------------------------- Dated this the 10th 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 S 6868 without insisting for surrender of the existing regular permit issued in respect of that vehicle to operate on the route Edavannapara-Thamarassery.

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 P1 request made by the petitioner for the issuance of Clearance Certificate in respect of stage carriage bearing registration No.KL-10 S 6868, and pass orders thereon without insisting for surrender of

W.P.(C).No.12191 of 2015-Y ::2::

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.

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