M.C.Yousuf v. The Secretary, Regional Transport Authority, Vatakara

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.V.RAMAKRISHNA PILLAI WEDNESDAY, THE 8TH DAY OF JULY 2015/17TH ASHADHA, 1937 WP(C).No.20173 of 2015 (V) ------------------------------------- PETITIONER:

------------------- M.C.YOUSUF, S/O.CIYYAMU HAJI,MANNARAYIL HOUSE, INDIRA NAGAR,KECHERY P.O.,ERANELLUR VILLAGE, THRISSUR DISTRICT,PIN-680 501, REPRESENTED BY POWER OF ATTORNEY HOLDER YESODHARAN,S/O.C.VELUKUTTY,CHINGAPURATH HOUSE, THAYYUR,THRISSUR DISTRICT.

BY ADV.SRI.SAJU J.VALLYARA RESPONDENT:

---------------------- THE SECRETARY,REGIONAL TRANSPORT AUTHORITY, VATAKARA-673 010.

BY GOVT. PLEADER SMT.K.A.SANJEETHA.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.20173 of 2015 (V) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

------------------------------------ EXHIBIT P1:PHOTOCOPY OF THE REGULAR PERMIT VIDE NO.P.ST.18/31/1994 ISSUED TO THE PETITIONER BY THE RESPONDENT.

EXHIBIT P2:PHOTOCOPY OF THE REQUEST DATED 25.06.2015 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

RESPONDENT'S EXHIBITS:

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

A.V. RAMAKRISHNA PILLAI, J.

-------------------------------------------------- W.P.(C) No. 20173 of 2015 -------------------------------------------------- Dated this the 8th 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 of regular permit.

2.

The petitioner is a stage carriage operator and the regular permit belonging to him is endorsed to stage carriage No.KL-46-H-6000 on the route between Kaiveli and Guruvayur via Kozhikode. 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 clearance certificate to sell the present vehicle by keeping the permit under suspended

W.P.(C) No. 20173 of 2015 ..2..

animation. 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. 4.

The learned senior Government Pleader, on instructions, submitted that the permit in respect of the said vehicle has already been revoked and the KSRTC has taken charge of the route.

Therefore, the writ petition is disposed of directing the respondent to issue permitless certificate to the 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/-