High Court of KeralaWP(C)/35349/2015disposed of

Riyas v. Secretary, Regional Transport Authority, Vadakara

2015-11-265 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.HARILAL THURSDAY, THE 26TH DAY OF NOVEMBER 2015/5TH AGRAHAYANA, 1937 WP(C).No. 35349 of 2015 (P) --------------------------------------- PETITIONER(S):

----------------------- RIYAS, S/O.AMMATH, NARIKKOTT HOUSE, POONATH P.O., NADUVANNUR, KOZHIKODE.

BY ADV. SRI.I.DINESH MENON RESPONDENT(S):

------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, VADAKARA-673 101. BY SENIOR GOVERNMENT PLEADER SMT.SANJEETHA K.A. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 35349 of 2015 (P) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1- TRUE COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER. P2- TRUE COPY OF THE RC BOOK OF THE VEHICLE KL-12 B 3439. P3- TRUE COPY OF THE REQUEST DATED 16.11.2015. P4- TRUE COPY OF THE JUDGMENT IN WP[C]NO.26955/2015 DATED 11.9.2015. RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

K. HARILAL, J.

------------------------------------------------------ W.P. (C) No. 35349 of 2015-P ------------------------------------------------------ Dated this the 26th day of November, 2015

JUDGMENT

The petitioner holds a regular permit to conduct service on the route Koottalida - Balussery - Kuttamboor till 30/1/2019. The said permit is covered by the stage carriage bearing Registration No.KL-12B3439, which is a 2002 model vehicle. The petitioner submitted Ext.P3 request before the respondent for appropriate orders releasing the vehicle KL-12B-3439 from its permit so as to enable him to produce a suitable later model vehicle for replacement. The question of clearance certificate can be issued without

W.P. (C) No. 35349 of 2015 -: 2 :- surrendering the permit has been considered by this Court in Aysha v. R.T.A., Kasaragod [2006 (3) KLT 1012] and held positively, that is, clearance certificate can be granted without insisting on the surrender of the existing regular permit in respect of the vehicle.

2. The respondent is directed to pass orders accordingly on Ext.P3 application within a period of two weeks from today.

3. Such clearance certificate can be granted without insisting on the surrender of the existing regular permit in respect of the vehicle. 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

W.P. (C) No. 35349 of 2015 -: 3 :- permit.

This writ petition is disposed of accordingly. (K. HARILAL, JUDGE) Nan/