High Court of KeralaWP(C)/19106/2015disposed of

Prakasan C v. Secretary

2015-06-29Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI MONDAY, THE 29TH DAY OF JUNE 2015/8TH ASHADHA, 1937 WP(C).No. 19106 of 2015 (K) -------------------------------------- PETITIONER(S):

----------------------- PRAKASAN C., S/O.CHANDRAN, CHAVAKKODE HOUSE, MELARCODE P.O., ALATHUR, PALAKKAD.

BY ADV. SRI.I.DINESH MENON RESPONDENT(S):

------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PALAKKAD - 678 001. BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 19106 of 2015 (K) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: TRUE COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER. EXHIBIT P2: TRUE COPY OF THE RC BOOK OF KL-11 N 3924. EXHIBIT P3: TRUE COPY OF THE REQUEST DATED 15-06-2015. EXHIBIT P4: TRUE COPY OF THE JUDGMENT IN WP(C) NO 6402/2015 DATED 2-3-2015. RESPONDENT(S)' EXHIBITS:

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

A.V. RAMAKRISHNA PILLAI, J.

------------------------------------- W.P.(C) No. 19106 of 2015 -------------------------------------- Dated this the 29th day of June, 2015.

JUDGMENT

The petitioner is seeking a direction to the respondent to consider Ext.P3 request for clearance certificate. 2.

The petitioner is the holder of regular permit on the route between Palakkad and Alathur which is valid till 18.11.2019. The petitioner alleges that the permit is rendered in stage carriage KL-11 N 3924 which is a 2001 model vehicle. The petitioner submitted Ext.P3 request before the respondent herein for appropriate orders releasing KL-11 N 3924 from its permit so as to enable him to produce a suitable model vehicle for replacement. However, the respondent is not entertaining Ext.P3 request. It is with this background, the petitioner has come up before this Court.

I have heard the learned counsel for the petitioner and the learned Senior Government Pleader in the matter. Considering the nature of the submissions and the nature

W.P.(C) No. 19106 of 2015 -2of the relief sought for, the writ petition is disposed of directing the respondent to consider and pass appropriate orders on Ext.P3 without insisting for surrender of the permit, after affording the petitioner an opportunity of being heard, within a period of two weeks from the date of receipt of a copy of this judgment. To facilitate an early action, it shall be open to the petitioner to produce a copy of the writ petition as well as the copy of this judgment before the respondent at the earliest. Sd/- A.V. RAMAKRISHNA PILLAI JUDGE Scl.