Basheer Ahmed C.K. v. The Secretary, Regional Transport Authority

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU FRIDAY, THE 17TH DAY OF APRIL 2015/27TH CHAITHRA, 1937 WP(C).No. 12649 of 2015 (E) PETITIONER : - ---------------------- BASHEER AHMED C.K., S/o ALAVI, CHENAKKULANGARA HOUSE, VANIYAMBALAM, WANDOOR, MALAPPURAM DISTRICT.

BY ADV. SRI.SAJU J.VALLYARA RESPONDENT : - ------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, PIN - 676 505.

BY SR. GOVERNMENT PLEADER SMT. C.K. SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 12649 of 2015 (E) APPENDIX PETITIONER'S EXHIBITS :

EXHIBIT P1 : COPY OF THE REGULAR PERMIT VIDE No. P.St. 10/5990/1996 ISSUED TO THE PETITIONER BY THE RESPONDENT.

EXHIBIT P2 : COPY OF THE REQUEST DATED 10.04.2015 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

EXHIBIT P3 : COPY OF THE JUDGMENT IN W.P. (C) No. 4764 OF 2015-U DATED 13.02.2015.

RESPONDENT'S EXHIBITS : NIL.

// TRUE COPY // P.A. TO JUDGE DMR/-

DAMA SESHADRI NAIDU, J.

W.P.(c) No. 12649 of 2015 ---------------------------------------- Dated this the 17th day of April, 2015

JUDGMENT

The prayer made in the writ petition is for the issuance of a 'clearance Certificate' in respect of stage carriage KL-11Z-3717 keeping the regular permit on the route Moonadi - Kambram under suspended animation and without insisting the surrender of Exhibit P1 regular permit.

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 respondent to consider Ext.P2 request made by the petitioner for the issuance of Clearance Certificate in respect of stage carriage bearing registration No. KL-11-Z3717, and pass orders thereon without insisting on the surrender of existing regular permit. The entire exercise shall be completed within one week from the date of production of

W.P.(c) No. 12649 of 2015 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 four months from today, failing which the permit shall stand revoked.

With the above observation, this writ petition is disposed of.

DAMA SESHADRI NAIDU JUDGE DMR/-