Baby Antos v. 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. 14674 of 2015 (H) ------------------------------------------ PETITIONER(S) :

------------------------- BABY ANTOS, PARAYIL HOUSE, EDAMARUKU P.O., PALA, KOTTAYAM BY ADV. SRI.I.DINESH MENON RESPONDENT(S):

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

BY SR.GOVERNMENT PLEADER SMT.SUNITHA VINOD.K THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 14674 of 2015 (H) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS --------------------------------------- EXHIBIT P1:

TRUE COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER.

EXHIBIT P2:

TRUE COPY OF THE RC BOOK OF KL-35 F 4557.

EXHIBIT P3:

TRUE COPY OF THE REQUEST DATED 11-05-2015.

EXHIBIT P4:

TRUE COPY OF THE JUDGMENT IN W.P.(C).NO.6402/2015 DATED 02-03-2015.

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

Msd.

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. W.P.(C).No 14674 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-35 F 4577 without insisting on a surrender of the permit, issued in respect of that vehicle, to operate on the route Uthimoodu-Ernakulam.

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

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 respondents to consider Ext.P2 request made by the petitioner for the issuance of Clearance Certificate in respect of stage carriage bearing registration No.KL-35 F 4577, 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

W.P.(C).No 14674 of 2015 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 permit shall stand revoked. The writ petition is disposed as above. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE dlk