High Court of KeralaWP(C)/35772/2015disposed of

M.Gangadharan v. The Secretary,Regional Transport Authority

2015-12-024 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.HARILAL WEDNESDAY, THE 2ND DAY OF DECEMBER 2015/11TH AGRAHAYANA, 1937 WP(C).No. 35772 of 2015 (V) -------------------------------------- PETITIONER:

-------------------- M.GANGADHARAN S/O KUNHIRAMAN, ROSHNI HOUSE, SOUTH BAZAR CIVIL STATION PO, KAKKAD ROAD, KANNUR -670 002 BY ADV. SRI.O.D.SIVADAS RESPONDENT:

---------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY KANNUR-670 001 BY SR. GOVERNMENT PLEADER SMT. SANJEETHA K.A. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 35772 of 2015 (V) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

TRUE COPY OF THE REQUEST DT. 23/11/15 SUBMITTED BY THE PETITIONER RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE DCS

K. HARILAL, J.

------------------------------ W.P.(C) No. 35772 of 2015-V -------------------------------------------- Dated this the 02nd day of December, 2015

JUDGMENT

The petitioner is the holder of a regular permit on the route of Koothuparamba- Kozhikode - Parassinikadavu. The said permit is covered by the stage carriage bearing Registration No.KL-13-AD-4678. The petitioner filed Ext.P1 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 Ext.P1 application without insisting on surrender of the permit, at the earliest, within a period of two weeks from today.

W.P.(C) No. 35772 of 2015-V 2

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. K. HARILAL, JUDGE DCS