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High Court of KeralaWP(C)/23469/2015disposed of

A.Sahadevan v. The Secretary, Regional Transport Authority

2015-08-07Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI FRIDAY, THE 7TH DAY OF AUGUST 2015/16TH SRAVANA, 1937 WP(C).No. 23469 of 2015 (G) ---------------------------- PETITIONER:

------------------- A.SAHADEVAN, S/O.GOVINDAN, ANAYOTAN HOUSE, PEELERI KANOOL P.O., TALIPARAMBA, KANNUR.

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

--------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KANNUR - 670 001.

BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 23469 of 2015 (G) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

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

TRUE COPY OF THE REQUEST DATED 31/7/2015 SUBMITTED BY THE PETITIONER.

RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

A.V. RAMAKRISHNA PILLAI, J.

------------------------------------- W.P.(C) No. 23469 of 2015 -------------------------------------- Dated this the 7th day of August, 2015.

JUDGMENT

The petitioner is seeking a direction to the respondent to issue clearance certificate in respect of his stage carriage bearing registration No.KL-59/9959.

2.

The petitioner is operating a stage carriage between Puthiyangadi and Kannur and the permit belonging to the petitioner is endorsed to stage carriage No.KL-59/9959. The petitioner alleges that his vehicle is not fit to operate due its bad condition and he intends to replace the vehicle by another vehicle. The petitioner further alleges that due to financial difficulties, the petitioner is not in a position to purchase a new vehicle by retaining the existing vehicle. In short, only by utilizing the money derived by selling the present vehicle, the petitioner would be able to purchase another vehicle so as to replace the existing vehicle. Accordingly, the petitioner submitted an application to issue clearance certificate.

W.P.(C) No. 23469 of 2015 -2However, the respondent has not granted clearance certificate as sought by the petitioner.

3.

I have heard the learned counsel for the petitioner and the learned Government Pleader in the matter. Considering the nature of the prayer and the nature of the submissions, the writ petition is disposed of directing the respondent to issue clearance certificate of the petitioner's stage carriage No.KL-59/9959 without insisting for surrender of permit and keeping the permit under suspended animation within a period of two weeks from the date of receipt of a copy of this judgment. The petitioner shall produce the records of the incoming vehicle within a period of four months from the date of issue of clearance certificate.

A.V. RAMAKRISHNA PILLAI JUDGE Scl.