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High Court of KeralaWP(C)/15500/2015disposed of

Nibu Joseph v. The Secretary, Regional Transport Authority

2015-05-29Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI FRIDAY, THE 29TH DAY OF MAY 2015/8TH JYAISHTA, 1937 WP(C).No. 15500 of 2015 (J) ---------------------------- PETITIONER:

----------------------- NIBU JOSEPH, VADAKKUMMURIYIL HOUSE, ERAVIPEROOR.P.O., PATHANAMTHITTA DISTRICT.

BY ADV. SRI.O.D.SIVADAS RESPONDENT:

-------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PATHANAMTHITTA -689 645.

BY GOVERNMENT PLEADER SMT. K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 15500 of 2015 (J) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 TRUE COPY OF THE PERMIT ISSUED TO THE PETITIONER'S VEHICLE EXT.P2 TRUE COPY OF THE REQUEST DATED 22/5/2015 SUBMITTED BY THE PETITIONER.

RESPONDENT(S)' EXHIBITS:

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

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 15500 of 2015 -------------------------------------------------- Dated this the 29th day of May, 2015

J U D G M E N T

The limited prayer in this writ petition is for a direction to the respondent to consider and pass appropriate orders on Ext.P2, which was submitted by the petitioner for clearance certificate.

2.

The petitioner is a stage carriage operator and the permit belonging to him is endorsed to stage carriage No.KL 37/6116 on the route between Karackal and Erumely. The present permit of the petitioner is valid till 30.08.2015. The petitioner alleges that as his vehicle is not fit to operate due to its bad condition, he intends to replace the vehicle by another vehicle. He further alleges that due to financial difficulties, he is not in a position to purchase a new vehicle by retaining the existing vehicle. Hence, he submitted Ext.P2 application to issue clearance certificate for selling his existing vehicle without insisting

W.P.(C) No. 15500 of 2015 ..2..

for surrendering the existing permit by retaining the permit under suspended animation. However, the respondent has not granted clearance certificate as sought for. It is in this context, the petitioner has come up before this Court.

3.

Heard the learned counsel for the petitioner and the learned Government Pleader in the matter. Considering the nature of the prayer, the writ petition is disposed of directing the respondent to consider and pass appropriate orders on Ext.P2 within a period of two weeks from the date of receipt of a copy of this judgment.

To facilitate an early action, the petitioner shall be at liberty to produce a copy of this judgment as well as a copy of this writ petition before the respondent at the earliest.

Sd/- A.V. RAMAKRISHNA PILLAI JUDGE bka/-