High Court of KeralaWP(C)/14177/2015disposed of

T.J.Abraham v. The Secretary, Regional Transport Authority, Kottayam

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. 14177 of 2015 (V) ---------------------------- PETITIONER :

----------------------- T.J.ABRAHAM, THENIAPLAKAL HOSUE, ANICKADU EAST P.O., KOTTAYAM.

BY ADV. SRI.P.DEEPAK RESPONDENT :

---------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOTTAYAM-686 001 BY SR GOVERNMENT PLEADER SRI.M.MOHAMMED SHAFI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 14177 of 2015 (V) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE COPY OF THE REQUEST FOR PERMIT-LESS CERTIFICATE DATED 7/5/2015 P2:

A TRUE COPY OF THE JUDGMENT DATED 7/1/2015 IN WPC NO.375 OF 2015 RESPONDENT(S)' EXHIBITS:

NIL ------------------------------------------ /TRUE COPY/ P.A.TO JUDGE sts

A. MUHAMED MUSTAQUE, J.

------------------------------- W.P.(C) No.14177 of 2015 ---------------------------------------------- Dated this the 12th day of May, 2015

JUDGMENT

Petitioner is the holder of a regular permit to conduct service on the route Pathanamthitta - Padichira in respect of stage carriage bearing registration number KL-05/AD 1484. The regular permit was valid till 10.07.2013. After the validity of regular permit, petitioner was operating on the strength of temporary permit issued pending disposal of the application for renewal of regular permit. The petitioner submits that operation of the service has been discontinued on account of the notification issued by the Government reserving the operation of all higher classes of stage carriage services, exclusively with the KSRTC. Petitioner approached the respondent for permit-less certificate to be issued to keep the vehicle in suspended animation. This is in order to avail permit of the vehicle and operate on the same route and would enable him to operate the same as and when challenge regarding notification issued is disposed of by the Honourable High Court.

W.P.(C) No.14177/2015 Considering the facts and circumstances, there shall be a direction to issue permit-less certificate to the petitioner, provided the petitioner has cleared all the Government dues. However, petitioner shall not operate in the route unless and otherwise permitted to operate. The permit-less certificate shall be issued only with the objective to keep the petitioner's right if any under suspended animation till the outcome of decision of this Court.

The Writ Petition is disposed of.

A. MUHAMED MUSTAQUE, JV JUDGE