Sobin Mathew v. The Secretary, Regional Transport Authority, Ernakulam

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 19TH DAY OF MAY 2015/29TH VAISAKHA, 1937 WP(C).No. 14649 of 2015 (E) ---------------------------- PETITIONER(S):

-------------------------- SOBIN MATHEW, PULIYURUMBIL HOUSE, ELAMPALLY P.O, KOTTAYAM.

BY ADV. SRI.P.DEEPAK.

RESPONDENT(S):

---------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM -682 030.

BY SR. GOVT. PLEADER SMT.M.J. RAJASREE.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 14649 of 2015 (E) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1 TRUE COPY OF THE REQUEST FOR PERMIT-LESS CERTIFICATE DATED 13-05-2015.

EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED 07-01-2015 IN WP(C).NO.375 OF 2015.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------------ W.P.(C) No.14649 of 2015 ----------------------------------- 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-05/AC 8707 without insisting on a surrender of the permit, issued in respect of that vehicle, to operate on the route Nedumkandam - Karikkottakkari.

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

3. On a consideration of the facts and circumstances of the case and the submissions made across the bar, the writ petition is disposed of directing the respondent to consider Ext.P1 request made by the petitioner for the issuance of Clearance Certificate in respect of stage carriage bearing registration No.KL-05/AC 8707, and pass orders thereon without insisting for a 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

W.P.(C) No.14649 of 2015 current records of the vehicle sought to be substituted within a period of four months from today, failing which the permit shall stand revoked. The writ petition is disposed as above. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE AV