P.Unnikrishnan Nair v. The Secretary, Rta, Kottayam

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.HARILAL THURSDAY, THE 3RD DAY OF DECEMBER 2015/12TH AGRAHAYANA, 1937 WP(C).No. 34920 of 2015 (L) ---------------------------------------- PETITIONER(S):

---------------------- P.UNNIKRISHNAN NAIR, LAKSHMI VIHAR, CHAMPAKARA, KARUKACHAL, KOTTAYAM.

BY ADV. SRI.P.DEEPAK RESPONDENT(S):

------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOTTAYAM-686020.

BY SENIOR GOVERNMENT PLEADER SMT.K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 34920 of 2015 (L) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER VALID TILL 28.3.2016.

EXHIBIT P2:

TRUE COPY OF THE APPLICATION FOR PERMIT-LESS CERTIFICATE DATED 17.11.2015.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

K. HARILAL, J.

= = = = = = = = = = = = = = = = = = W.P. (C) No. 34920 of 2015 - - - - - - - - - -- - - - - - - - - - - Dated this the 3 rd day of December, 2015

J U D G M E N T

The petitioner is the holder of a regular permit on the route of Ettumannoor - Ranny, which is valid up to 28.03.2016. The said permit is covered by the stage carriage bearing Registration No.KL-05/V 3702. The petitioner filed Ext.P2 application before the respondent for appropriate order releasing the aforesaid vehicle from its permit so as to enable him to produce a suitable vehicle for replacement. The question, whether clearance certificate can be granted without insisting on the surrender of the existing permit in respect of the vehicle, was considered by this Court in Aysha v. R.T.A., Kasaragod [2006 (3) KLT 1013] and answered positively. In view of the above decision, the respondent is directed to pass orders accordingly on Ext.P2 application, without insisting on surrender of the

W.P.(C) No. 34920 of 2015 -: 2 :- existing permit, at the earliest, within a period of two weeks from today.

2. It shall, however, be ensured that all dues to the Government, including check reports and also to the Kerala Motor Transport Workers Welfare Fund Board, are satisfied.

3. The respondent shall also specify the period within which the petitioner shall replace the vehicle on the route covered by the permit. This is because the vehicle now in use requires to be replaced by another to resume operations on the route covered by the permit. This writ petition is disposed of accordingly. Sd/- K. HARILAL, JUDGE DST //True copy// P.A. To Judge