Muhammed Rishad v. The Secretary, Regional Transport Authority, Kozhikode 671 001
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.HARILAL MONDAY, THE 7TH DAY OF DECEMBER 2015/16TH AGRAHAYANA, 1937 WP(C).No. 36286 of 2015 (I) ------------------------------------------ PETITIONER(S) :
-------------------------- MUHAMMED RISHAD, S/O. MUHAMMED BASHEER, KOOLIPOYIL HOUSE, NANMINDA, KOZHIKODE.
BY ADV. SRI.I.DINESH MENON RESPONDENT(S) :
---------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOZHIKODE- 671 001.
BY SR.GOVERNMENT PLEADER SMT.K.A.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
WP(C).No. 36286 of 2015 (I) ---------------------------------------- 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 18 D 115. P3:
TRUE COPY OF THE REQUEST DATED 25/11/2015.
P4:
TRUE COPY OF THE JUDGMENT IN W.P.(C).NO.26955/2015 DATED 11/09/2015.
RESPONDENT(S)' EXHIBITS :
------------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.
Msd.
K. HARILAL, J.
= = = = = = = = = = = = = = = = = = W.P. (C) No.36286 of 2015 - - - - - - - - - -- - - - - - - - - - - Dated this the 7 th 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 Narikkuni - Kozhikode, which is valid up to 29.10.2018. The said permit is covered by the stage carriage bearing Registration No.KL -18 D 115, which is a 2006 model vehicle. The petitioner filed Ext.3 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.P3
W.P.(C) No.36286 of 2015 -: 2 :- application without insisting on surrender of the 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