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High Court of KeralaWP(C)/14602/2015disposed of

Sabeesh Kumar v. Rta, Vatakara

2015-06-03Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 3RD DAY OF JUNE 2015/13TH JYAISHTA, 1937 WP(C).No. 14602 of 2015 (A) ---------------------------- PETITIONER :

---------------------- SABEESH KUMAR, PEROOR HOUSE, KINLOOR P.O., BALUSSERY, KOZHIKODE.

BY ADV. SRI.G.PRABHAKARAN RESPONDENT(S) :

----------------------------

1. THE REGIONAL TRANSPORT AUTHORITY VATAKARA-673101.

2. THE SECRETARY REGIONAL TRANSPORT AUTHORITY, VATAKARA-673101.

R1 & R2 BY GOVT. PLEADER SMT. M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 14602 of 2015 (A) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT-P1:

TRUE COPY OF THE REGULAR PERMIT NO.18/14/2001. EXHIBIT-P2:

TRUE COPY OF THE REPLACEMENT APPLICATION INCOMING VEHICLE NUMBER KL 11/AG 1119 (ON LEGAL PROSSESSION) TO THE OUTGOING VEHICLE WITHITS NUMBER KL 11/AD 5537 DATED 11.5.2015.

EXHIBIT-P3:

TRUE COPY OF THE CHELAN RECEIPT DATED 11.5.2015. EXHIBIT-P4:

TRUE COPY OF THE JUDGMENT DATED 31.1.2014 IN WPC NO.2802/2014.

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

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.14602 OF 2015 (A) ----------------------------------- Dated this the 19th day of May, 2015

J U D G M E N T

The prayer in the writ petition is for the issuance of a permit-less Certificate in respect of the vehicle bearing registration No.KL 11/AG 1119 and keep the permit, issued in respect of that vehicle, to operate on the route Feroke - Kozhikode - Kannur.

2. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondents. In the circumstances, the writ petition is disposed directing the 2nd respondent to consider Ext.P2 application preferred by the petitioner for the issuance of Clearance Certificate in respect of stage carriage bearing registration No.KL 11/AG 1119, and pass orders thereon without insisting for surrender of 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

W.P.(C).NO.14602 OF 2015 (A) 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 permit shall stand revoked.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE AV