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High Court of KeralaWP(C)/20365/2015disposed of

K.V.Paulose v. The Secretary

2015-07-13Honourable Mr. Justice A.V.Ramakrishna Pillai5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI MONDAY, THE 13TH DAY OF JULY 2015/22ND ASHADHA, 1937 WP(C).No. 20365 of 2015 (U) ---------------------------- PETITIONER :

----------------------- K.V.PAULOSE, S/O. VARGHESE, MEENCOLIL HOUSE, VADACODE P.O., THRIKKAKARA, KOCHI- 21 BY ADV. SRI.P.DEEPAK RESPONDENT :

-------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOTTAYAM -686 001 BY GOVERNMENT PLEADER SMT. K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 20365 of 2015 (U) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE REQUEST FOR CLEARANCE CERTIFICATE FILED ON 02.07.2015 RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

A.V.RAMAKRISHNA PILLAI, J.

= = = = = = = = = = = = = = = = = W.P(C) No.20365 of 2015 = = = = = = = = = = = = = = = = = = Dated this the 13th day of July, 2015

JUDGMENT

The petitioner, who holds a regular permit to conduct service on the route between Kaipuzhamuttu and Ernakulam, has come up before this Court seeking a direction to issue a clearance certificate by the respondent without insisting for surrender /cancellation of existing permit.

2. According to the petitioner, the permit granted to the him is endorsed to the stage carriage bearing Reg.No.KL-07/BZ 585 which is valid up to 9.11.2015. The petitioner states that he is intending to replace the vehicle with a later model. He alleges that he can replace the vehicle only after disposing of the existing vehicle.

3. Therefore, on 24.6.2015 the petitioner filed a request before the respondent to issue clearance certificate to sell the vehicle without insisting the surrendering of the existing permit, by retaining

WP(C)20365/15 -:2:- the permit under suspended animation. It is with this background the petitioner has come up before this Court.

4. I have heard the learned counsel for the petitioner and the learned Senior Government Pleader.

5. When the matter came up for hearing, the learned counsel for the petitioner would submit that a direction to consider his application by this Court would be sufficient.

6. As the petitioner is intending to sell his present vehicle which is not working and to purchase another vehicle by disposing the existing vehicle, this Court is of the view that the petitioner's request is genuine.

In the result, this writ petition is disposed of directing the respondent to consider the petitioner's application for clearance certificate to sell the vehicle without insisting the surrendering of existing permit by retaining the permit under suspended animation within two weeks from the date of receipt of a copy of this judgment.

WP(C)20365/15 -:3:- While passing orders, it shall be open to the first respondent to fix a time limit for the production of new vehicle by the petitioner. To facilitate an early action, it shall be open to the petitioner to produce a copy of the writ petition as well as a copy of this judgment before the respondent.

Sd/- A.V.RAMAKRISHNA PILLAI JUDGE krj