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High Court of KeralaWP(C)/19027/2015disposed of

Junaid v. The Secretary

2015-07-01Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI WEDNESDAY, THE 1ST DAY OF JULY 2015/10TH ASHADHA, 1937 WP(C).No. 19027 of 2015 (C) ---------------------------- PETITIONER:

-------------------- JUNAID, KUMBALATH, PALLIPPATTUMURI, THRIKKUNNAPPUZHA, ALAPPUZHA.

BY ADV. SRI.G.PRABHAKARAN RESPONDENT:

---------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ALAPPUZHA-688001.

BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 19027 of 2015 (C) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXHIBIT P1THE TRUE COPY OF THE PERMIT NO. P.ST. 4/509/2012. EXHIBIT P2TRUE COPY OF THE REQUEST FILED BY THE PETITIONER BEFORE RESPONDENT DATED 4-6-2015 VEHICLE NO. KL 9/K 7244 ON THE ROUTE VALIAZHEEKKAL-THOTTAPPALLY.

EXHIBIT P3TRUE COPY OF THE JUDGMENT DATED 5-6-2015 IN WPC NO. 16199/2015.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 19027 of 2015 -------------------------------------------------- Dated this the 1st day of July, 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 without insisting on surrender/cancellation of the permit.

2.

The petitioner is a stage carriage operator and the regular permit belonging to him is endorsed to stage carriage No.KL 9/K 7244 on the route between Valiazheekkal and Thottappally. The petitioner alleges that due to repeated break down of the vehicle, he is not in a position to operate his service promptly and he is intending to replace the above vehicle by a later model vehicle. The petitioner submitted Ext.P2 request before the respondent to issue permitless certificate to sell the present vehicle by keeping the permit under suspended

W.P.(C) No. 19027 of 2015 ..2..

animation till replacement of vehicle. 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 existing 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/-