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High Court of KeralaWP(C)/19715/2015disposed of

Saji Paul v. The Secretary

2015-07-06Honourable 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 6TH DAY OF JULY 2015/15TH ASHADHA, 1937 WP(C).No. 19715 of 2015 (L) ---------------------------- PETITIONER :

--------------------- SAJI PAUL NHALLIMAKKAL HOUSE, PALLAM, P.O.NEDIYANGA SREEKANDAPURAM, KANNUR.

BY ADV. SRI.I.DINESH MENON RESPONDENT :

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

BY GOVT. PLEADER SMT. K.A. SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 19715 of 2015 (L) --------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT.P-1:

TRUE COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER. EXT.P-2:

TRUE COPY OF THE RC BOOK OF KL-59 F 3923.

EXT.P-3:

TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 22.6.2015.

EXT.P-4:

TRUE COPY OF THE JUDGEMENT IN WPC NO.16186/2015 DATED 5.6.2015.

RESPONDENT(S)' EXHIBITS : NIL -------------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 19715 of 2015 -------------------------------------------------- Dated this the 6th 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.P3, which was submitted by the petitioner for clearance certificate.

2.

The petitioner is a stage carriage operator, operating on the route between Pallam and Pattuvam via Chempanthotty and Taliparamba; and the permit belongs to him is in respect of stage carriage No.KL-59 F 3923, which is valid till 16.12.2017. The petitioner alleges that as his vehicle is in a dilapidated condition, he submitted Ext.P3 request to issue clearance certificate without insisting for surrendering the existing permit by retaining the permit under suspended animation so as to enable him a suitable later model vehicle for replacement. However, the respondent has not granted clearance

W.P.(C) No. 19715 of 2015 ..2..

certificate as sought for. 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.P3 within a period of two weeks from the date of receipt of a copy of this judgment without insisting for surrender of permit. 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/-