Anil.N.N v. Secretary, Regional Transport Authority

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI TUESDAY, THE 16TH DAY OF JUNE 2015/26TH JYAISHTA, 1937 WP(C).No. 17305 of 2015 (K) ---------------------------- PETITIONER :

------------------- ANIL.N.N, AGED 38 YEARS, NALUMAKKAL HOUSE, KOTHAPARAMBU, S.N.PURAM.P.O., KODUNGALLUR.

BY ADV. SRI.I.DINESH MENON RESPONDENT :

--------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR-680002. BY GOVERNMENT PLEADER SMT. K.A. SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 17305 of 2015 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

TRUE COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER. EXT.P2:

TRUE COPY OF THE REQUEST DATED 4.6.2015.

EXT.P3:

TRUE COPY OF THE JUDGMENT IN WP(C)16699/2015 DATED 4.6.2015. RESPONDENT(S)' EXHIBITS :

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//TRUE COPY// P.A. TO JUDGE bp

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 17305 of 2015 -------------------------------------------------- Dated this the 16th day of June, 2015

J U D G M E N T

Seeking for a direction to the respondent to consider and issue orders on Ext.P2 representation submitted by the petitioner for releasing the existing vehicle from permit for replacement and for clearance certificate, the petitioner has come up before this Court.

2.

The petitioner is a regular permit holder on the route between Azhikode and Maliankara via Kodungallur in respect of stage carriage bearing Reg.No.KL -07 AF 7553, which is a 2001 model vehicle. He submitted Ext.P2 before the respondent for releasing KL-07 AF 7553 from its permit so as to enable him to produce a suitable later model vehicle for replacement. The petitioner's grievance is that the respondent is not entertaining Ext.P2 request submitted by him. The petitioner points out that the vehicle covered by a permit can be released

W.P.(C) No. 17305 of 2015 ..2..

from the permit keeping the permit under suspended animation till such time as another vehicle is offered for replacement during the currency of the permit is no longer res integra. 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 without insisting for surrender of permit, 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/-