High Court of KeralaWP(C)/19979/2015disposed of

Chinnamma Mathai v. The Secretary, Regional Transport Authority

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

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI TUESDAY, THE 7TH DAY OF JULY 2015/16TH ASHADHA, 1937 WP(C).No. 19979 of 2015 (V) ---------------------------- PETITIONER :

--------------------- CHINNAMMA MATHAI, MEKKATT HOUSE, VELLIKULANGARA, THRISSUR.

BY ADV. SRI.G.PRABHAKARAN RESPONDENT :

------------------------ THE SECRETARY, REGIONAL TRANSPORT AUTHORITY THRISSUR - 680 001.

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

Mn ...2/-

WP(C).No. 19979 of 2015 (V) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT.P1:

THE TRUE COPY OF THE PERMIT NO. P.ST.8/1700/2002 DT. 27/3/2010. EXT.P2:

TRUE COPY OF THE REQUEST FILED BY THE PETITIONER BEFORE THE RESPONDENT DATED 25/6/15 VEHICLE NO. KL 45/D 6364 ON THE ROUTE NELLAYI-CHALAKUDY - THRISSUR.

EXT.P3:

TRUE COPY OF THE JUDGMENT DATED 19/6/2015 IN WP(C) NO. 18071/15.

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

A.V. RAMAKRISHNA PILLAI, J.

------------------------------------- W.P.(C) No.19979 of 2015 -------------------------------------- Dated this the 7th day of July, 2015.

JUDGMENT

The petitioner is seeking a direction to the respondent to consider Ext.P2 request for issue of clearance certificate to the existing vehicle covered by regular permit without insisting for surrender of the permit.

The petitioner is a regular stage carriage permit holder operating between Nellayi and Chalakkudy via Thrissur, now operating with KL 45/D 6364. The petitioner alleges that the vehicle KL 45/D 6364 operating on this route gives frequent troubles and often goes off road, since the route operates on a longer route. Therefore, the vehicle is to be replaced with a later model vehicle. Though the petitioner filed a replacement application earlier to replace the vehicle, no action has been taken by the respondent so far. 3.

I have heard the learned counsel for the petitioner and the learned Government Pleader in the matter.

W.P.(C) No.19979 of 2015 -2Considering the nature of the submissions and the nature of the relief sought for, the writ petition is disposed of directing the respondent to consider Ext.P2 request for clearance without insisting for surrender of the existing permit, 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.