High Court of KeralaWP(C)/13956/2015disposed of

C.A.Joy v. Secretary, Regional Transport Authority, Thrissur

2015-05-12Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 12TH DAY OF MAY 2015/22ND VAISAKHA, 1937 WP(C).No. 13956 of 2015 (T) ---------------------------------------- PETITIONER(S) :

------------------------- C.A.JOY, AGED 48 YEARS, S/O.ANTONY, CHALISSERY HOUSE, PERINGOTTUKARA P.O., THRISSUR.

BY ADV. SRI.M.JITHESH MENON RESPONDENT(S) :

---------------------------- SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR, PIN - 680 001.

BY GOVERNMENT PLEADER SRI.MOHAMMED SAVAD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 13956 of 2015 (T) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE REGULAR PERMIT DATED 19.11.2004. EXHIBIT P2:

TRUE COPY OF THE REQUEST DATED 30.04.2015.

EXHIBIT P3:

TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.34919/2014 DATED 20.12.2014.

RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

A.MUHAMED MUSTAQUE, J.

******************************************************* W.P.(C) No.13956 of 2015 ******************************************************* Dated this the 12th day of May, 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-8/AF-5616 by keeping the permit under suspended animation and without insisting for surrender of the existing regular permit issued in respect of that vehicle to operate on the route Thriprayar-Thrissur.

2. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondent.

In the circumstances, the writ petition is disposed of directing the respondent to consider Exhibit P2 request made by the petitioner for the issuance of Clearance Certificate in respect of stage carriage bearing registration No.KL-8/AF-5616, and pass orders thereon by

W.P.(C) No.13956 of 2015 2 keeping the permit under suspended animation and without insisting for surrender of the 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, failing which the same shall stand revoked.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln