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High Court of KeralaWP(C)/17949/2015disposed of

Geroge Thomas v. The Secretary, Rta, Idukki

2015-06-19Honourable Mr. Justice A.V.Ramakrishna Pillai5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI FRIDAY, THE 19TH DAY OF JUNE 2015/29TH JYAISHTA, 1937 WP(C).No. 17949 of 2015 (P) ---------------------------- PETITIONER :

------------------------ GEORGE THOMAS, ST. THOMAS TRAVELS, KODIMATHA, KOTTAYAM.

BY ADV. SRI.K.V.GOPINATHAN NAIR RESPONDENT :

---------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, IDUKKI, PIN-685 602.

BY GOVERNMENT PLEADER SMT. K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 17949 of 2015 (P) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1.

TRUE COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER ON THE ROUTE KUZHITHOLU-KOTTAYAM VALID UP TO 22/7/2013. EXT.P2.

TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 8/6/2015.

RESPONDENT(S)' EXHIBITS:

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

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- -------------------------------------------------- Dated this the 19th day of June, 2015

J U D G M E N T

Aggrieved by the inaction on the part of the respondent in considering Ext.P2 application submitted by the petitioner for clearance certificate, the petitioner has come up before this Court.

2.

The petitioner is a stage carriage operator and the regular permit belonging to him is endorsed to stage carriage No.KL 05/AF 3301 on the route between Kuzhitholu and Kottayam. The present permit of the petitioner was valid till 22.07.2013 and an application for renewal of permit is pending consideration by the RTA. The petitioner points out that the question whether the said regular permit can be renewed or not on the basis of a notification issued by the Government is still under consideration. According to him, he cannot keep his vehicle idle without operation. Hence, he submitted

..2..

Ext.P2 application to issue clearance certificate in respect of the said vehicle without insisting on surrender of regular permit. However, the respondent has not granted clearance certificate till date. Hence, this writ petition.

3.

Heard the learned counsel for the petitioner and the learned Government Pleader in the matter. 4.

The learned Government Pleader, on instructions, submitted that there is no existing permit and therefore, the permit cannot be kept under suspended animation.

5.

However, the learned counsel for the petitioner submitted that what is required is only a clearance certificate.

6.

It is not possible to issue clearance certificate keeping the permit under suspended animation as actually no permit is endorsed on the said vehicle. Therefore, the writ petition is disposed of directing the respondent to grant clearance certificate to the

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petitioner 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/-