High Court of KeralaWP(C)/35668/2015disposed of

James v. Secretary, Regional Transport Authority, Thrissur

2015-12-014 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.HARILAL TUESDAY, THE 1ST DAY OF DECEMBER 2015/10TH AGRAHAYANA, 1937 WP(C).No. 35668 of 2015 (G) ---------------------------- PETITIONER :

--------------------- JAMES, S/O.ANTHONY, CHALISSERY HOUSE, PERINGOTTUKARA P.O.

THRISSUR.

BY ADV. SRI.I.DINESH MENON RESPONDENT :

------------------------ SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR - 680 003.

BY SR. GOVT. PLEADER SMT. K.A. SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

WP(C).No. 35668 of 2015 (G) ---------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

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

TRUE EXTRACT OF THE REGULAR PERMIT ISSUED TO THE PETITIONER.

EXT. P2:

TRUE COPY OF THE RC BOOK OF VEHICLE KL-08 AG 1789. EXT. P3:

TRUE COPY OF THE REQUEST DATED 16/11/2015.

EXT. P4:

TRUE COPY OF THE JUDGMENT IN WPC NO.26955/2015 DATED 11/9/2015.

RESPONDENT(S)' EXHIBITS : NIL -------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn

K. HARILAL, J.

------------------------------------------------------ W.P. (C) No.35668 of 2015-G ------------------------------------------------------ Dated this the 1st day of December, 2015

JUDGMENT

The petitioner is the holder of a regular permit on the route of Thriprayar - Thrissur - Guruvayur - Ayyanthole, which is valid up to 25/11/2019. The said permit is covered by the stage carriage bearing Registration No.KL-08 AG 1789, which is a 2005 model vehicle. The petitioner filed Ext.P3 application before the respondent for appropriate order releasing the aforesaid vehicle from its permit so as to enable him to produce a suitable later model 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

W.P. (C) No.35668 of 2015 -: 2 :- Ext.P3 application without insisting on surrender of the 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) Nan/ //true copy// P.S. to Judge