High Court of KeralaWP(C)/14216/2015disposed of

Bushara Nazar v. Secretary, Regional Transport Authority

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. 14216 of 2015 (B) ---------------------------- PETITIONER :

----------------- BUSHARA NAZAR VAZHAPPULLY HOUSE, AKAMALA, THRISSUR.

BY ADV. SRI.I.DINESH MENON RESPONDENT :

-------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY PALAKKAD - 678 001.

BY SENIOR GOVERNMENT PLEADER SRI. 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:

WP(C).No. 14216 of 2015 (B) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

COPY OF THE RC BOOK OF KL-49. 4667 P2 :

TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 2.5.2015.

P3:

TRUE COPY OF THE JUDGMENT IN WPC.NO.35377/2014 DATED 26.12.2014 RESPONDENT(S)' EXHIBITS :

NIL.

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

A. MUHAMED MUSTAQUE, J.

= = = = = = = = = = = = = W.P.(C) No.14216 of 2015 = = = = = = = = = = = = = = Dated this the 12 th day of May, 2015

JUDGMENT

The petitioner is the holder of Ext.P1 regular permit valid till 05.10.2015. The vehicle covered under Ext.P1 permit, namely, KL-49 4667 a 2007 model vehicle. The petitioner submitted Ext.P2 request before the respondent for releasing the said vehicle from Ext.P1 permit so as to enable him to dispose of the same and offer a suitable later model vehicle for replacement. The grievance of the petitioner is that the respondent is not entertaining Ext.P2 representation. In such circumstances, the petitioner has approached this Court with writ of mandamus commanding the respondent to forthwith issue 'Clearance Certificate' on Exhibit P2 request, releasing stage carriage KL-49 4667 from Ext.P1 permit issued to conduct service on the route Melazhiyam-Palakkad without insisting on surrender/cancellation of the permit. The petitioner is relying Ext.P3 judgment of this Court on similar facts.

W.P.(C) No.14216 of 2015 2.

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

3. In the facts and circumstances, this 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-49 4667 and pass appropriate orders thereon without insisting on surrender/cancellation of the permit. The needful shall be done within two weeks from the production of a certified copy of this judgment, provided all dues including check report, and also the Kerala Motor Transport Workers Welfare Fund with respect of the said vehicles are satisfied. The petitioner shall produce the current records of the vehicle to be substituted within a period of four months from today.

Sd/- A. MUHAMED MUSTAQUE, JUDGE sj