High Court of KeralaWP(C)/35788/2015disposed of

Manikandan v. 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. 35788 of 2015 (W) ----------------------------------- PETITIONER:

------------------- MANIKANDAN, PUTHUVALSTALATH HOUSE, SOUTH PUTHUVYPE.

N.PARUR.

BY ADV. SRI.I.DINESH MENON RESPONDENT:

---------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM-682030.

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. 35788 of 2015 (W) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 TRUE EXTRACT OF THE REGULAR PERMIT ISSUED TO THE PETITIONER P2 TRUE COPY OF THE RC BOOK OF VEHICLE KL-08 AF 4500 P3 TRUE COPY OF THE REQUEST DATED 21.11.2015 P4 TRUE COPY OF THE JUDGMENT IN W.P.(C). NO.26955/2015 DATED 11.9.2015. RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE DCS

K. HARILAL, J.

------------------------------ W.P.(C) No. 35788 of 2015-W -------------------------------------------- Dated this the 02nd day of December, 2015

JUDGMENT

The petitioner is the holder of a regular permit on the route of Chappakadappuram - Vypin - Ernakulam High Court Junction, which is valid up to 21/07/2016. The said permit is covered by the stage carriage bearing Registration No.KL-08-AF-4500. 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 Ext.P3 application without insisting on surrender of the permit, at the earliest, within a period of two weeks from today.

W.P.(C) No. 35788 of 2015-W 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