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High Court of KeralaWP(C)/23980/2015disposed of

Shaji Kumar v. The Secretary, Regional Transport Authority

2015-08-11Honourable Mr. Justice A.V.Ramakrishna Pillai4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937 WP(C).No. 23980 of 2015 (V) ---------------------------- PETITIONER :

----------------------- SHAJI KUMAR.R, S/O.RAMAN, PALANALIKKUNNATHIL HOUSE, MUNDUKOTTACKAL P.O, PATHANAMTHITTA.

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

-------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, PATHANAMTHITTA -689 645.

BY GOVERNMENT PLEADER SMT. K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 23980 of 2015 (V) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1.

COPY OF THE REQUEST DATED 4.8.2015 SUBMITTED BY THE PETITIONER.

RESPONDENT(S)' EXHIBITS:

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

A.V. RAMAKRISHNA PILLAI, J.

------------------------------------- W.P.(C) No.23980 of 2015 -------------------------------------- Dated this the 11th 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-03/T 7438.

2.

The petitioner is operating a stage carriage between Punaloor and Thiruvalla and the permit belonging to the petitioner is endorsed to stage carriage No.KL-03/T 7438. 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.23980 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-03/T 7438 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.

Sd/- A.V. RAMAKRISHNA PILLAI JUDGE Scl.