High Court of KeralaWP(C)/21453/2015disposed of

The Secretary, Trivandrum District Motor Transport Workers v. The Secretary, Rta

2015-07-22Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI WEDNESDAY, THE 22ND DAY OF JULY 2015/31ST ASHADHA, 1937 WP(C).No. 21453 of 2015 (F) ---------------------------------------- PETITIONER:

------------------- THE SECRETARY, TRIVANDRUM DISTRICT MOTOR TRANSPORT WORKERS CO-OPERATIVE SOCIETY NO. 1763 (AMCOS), ALAMCODE P.O, ATTINGAL, PIN-695 102.

BY ADV. SRI.O.D.SIVADAS RESPONDENT:

--------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, THIRUVANANTHAPURAM (RURAL), ATTINGAL - 695 101. BY GOVERNMENT PLEADER SMT K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P T O

WP(C).No. 21453 of 2015 (F) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1. TRUE COPY OF THE APPLICATION DATED 13.7.15 SUBMITTED BY THE PETITIONER.

EXHIBIT P1. TRUE COPY OF THE JUDGMENT IN WPC 13005/15 PASSED BY THIS HONOURABLE COURT.

RESPONDENT(S)' EXHIBITS NIL.

--------------------------------------- //TRUE COPY// P.A. TO JUDGE NVB

A.V.RAMAKRISHNA PILLAI, J.

= = = = = = = = = = = = = = = = = W.P(C) No.21453 of 2015 = = = = = = = = = = = = = = = = = = Dated this the 22nd day of July, 2015

JUDGMENT

The petitioner, who is the operator of a stage carriage operating on the route between Kadavu and Kollam, has come up before this Court seeking a direction to issue a clearance certificate by the respondent.

2. According to the petitioner, the permit granted to his vehicle is endorsed to the stage carriage bearing Reg. No.KL-16/G 1947 which is valid till 30.7.2017. He points out that the said vehicle is not roadworthy and therefore, he is intending to replace the vehicle by another vehicle. However, due to financial difficulties, the petitioner is not in a position to purchase a new vehicle by retaining the existing vehicle. According to him, only by utilising the sale proceeds of the present vehicle, he would be able to purchase another vehicle so as to replace the existing vehicle.

3. Therefore, the petitioner submitted an application to issue clearance certificate to sell the vehicle without insisting the surrendering of the existing permit, by retaining the permit under suspended animation. However, the respondent has not granted

WP(C)21453/15 -:2:- clearance as sought for by the petitioner. It is with this background the petitioner has come up before this Court.

4. As the petitioner is intending to sell his present vehicle which is not working and to purchase another vehicle utilising the sale proceeds, this Court is of the view that the petitioner's request is genuine.

Therefore, this writ petition is disposed of directing the respondent to consider the petitioner's application and pass positive orders 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. The petitioner shall produce the records of the suitable vehicle to be substituted within four months from the date of issuance of the clearance 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 at the earliest. Sd/- A.V.RAMAKRISHNA PILLAI JUDGE krj