High Court of KeralaWP(C)/22074/2015disposed of

Muhammed Kutty v. The Secretary, Regional Transport Authority

2015-07-244 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN FRIDAY, THE 24TH DAY OF JULY 2015/2ND SRAVANA, 1937 WP(C).No. 22074 of 2015 (H) ---------------------------- PETITIONER(S):

-------------------------- MUHAMMED KUTTY S/O.MOITHEEN KUTTY, THOTTUPALLATH HOUSE, PULAMANTHOLE PERINTHALMANNA BY ADV. SRI.I.DINESH MENON RESPONDENT(S):

---------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY PALAKKAD 678001 BY SMT. K.A. SANJEETHA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 22074 of 2015 (H) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER P2:

COPY OF THE RC BOOK OF THE VEHICLE KL 58 D 1611 P3:

COPY OF THE REQUEST DATED 18.07.2015 P4:

COPY OF THE JUDGMENT IN WPC.NO.6402/2015 DATED 02.03.2015 RESPONDENT(S)' EXHIBITS: N I L --------------------------------------- //TRUE COPY// P.A. TO JUDGE

ANIL K. NARENDRAN, J.

------------------------------- W.P.(C) No.22074 of 2015 ---------------------------------------------- Dated this the 24th day of July, 2015

JUDGMENT

The only prayer made in the writ petition is for the issuance of a Clearance Certificate in respect of the vehicle bearing registration No.KL-58/D-1611 without insisting for surrender/cancellation of the existing regular permit issued in respect of that vehicle to operate on the route Palakkad - Kadampuzha. The petitioner is relying on Ext.P4 judgment of this Court dated 02.03.2015 in W.P.(C).No.6402/2015.

2. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondent.

3. In the circumstances, the respondent is directed to consider Ext.P3 request made by the petitioner for the issuance of Clearance Certificate in respect of stage carriage bearing registration No.KL-58/D-1611 and pass orders thereon, if it is received in original, without insisting for surrender/cancellation of permit. The needful in the matter shall be done within one week from the date of production of a copy of this judgment

W.P.(C) No.22074/2015 provided all dues to the Government, including check reports, and also the Kerala Motor Transport Workers' Welfare Fund Board with respect to the vehicle are satisfied. The petitioner shall produce records of the vehicle to be substituted within four months and if it is not produced, permit shall stand cancelled. The writ petition is disposed of as above.

sd/- ANIL K. NARENDRAN, JUDGE