High Court of KeralaWP(C)/15812/2015disposed of

Robin Robert v. The Secretary, Regional Transport Authority

2015-06-01Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI MONDAY, THE 1ST DAY OF JUNE 2015/11TH JYAISHTA, 1937 WP(C).No. 15812 of 2015 (B) -------------------------------------- PETITIONER(S):

----------------------- ROBIN ROBERT, ROBIN BHAVAN, ASHTAMUDI P.O., KOLLAM.

BY ADV. SRI.O.D.SIVADAS RESPONDENT(S):

------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KANNUR - 670 001.

BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 15812 of 2015 (B) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT. P1 - TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER. RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.V.RAMAKRISHNA PILLAI, J --------------------------------------------- WPC No.15812 of 2015 --------------------------------------------- Dated this the 1st day of June, 2015

JUDGMENT

The limited prayer in this writ petition is for a direction to the respondent to consider Ext.P1 application for clearance certificate.

2. According to the petitioner, he is a stage carriage operator operating on the route between AshtamudiNedumenkavu and the permit belongs to the petitioner is endorsed to stage carriage No.KL-05/W 7767. As the petitioner's vehicle is not roadworthy, he intends to replace the vehicle by another vehicle. According to the petitioner, due to financial difficulties, he is not in a position to purchase a new vehicle by retaining the existing vehicle. In short, only by utilizing the money derived by selling the present vehicle, the petitioner would be able to purchase another vehicle so as to replace the existing vehicle. Accordingly, the petitioner submitted an application to issue clearance certificate to

WPC No.15812/2015 2 sell the vehicle without insisting the surrendering of existing permit by retaining the permit under suspended animation. But the respondent has not granted clearance certificate as sought by the petitioner. It is with this background, the petitioner has come up before this Court.

3. I have heard the learned counsel for the petitioner and the learned Government Pleader in the matter.

4. Considering the nature of submission and the nature of relief sought for, this Court is of the view that this writ petition can be disposed of.

Hence, this writ petition is disposed of directing the respondent to consider and pass appropriate orders on Ext.P1 application submitted by the petitioner within a period of one week from today.

To facilitate an early action, it shall be open to the petitioner to produce a copy of the judgment as well as a copy of the writ petition before the respondent. Sd/- A.V.RAMAKRISHNA PILLAI JUDGE css/ true copy P.S.TO JUDGE