Mohanan.O.T v. The Secretary, Regional Transport Authority

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.HARILAL WEDNESDAY, THE 9TH DAY OF DECEMBER 2015/18TH AGRAHAYANA, 1937 WP(C).No. 36773 of 2015 (V) ---------------------------- PETITIONER :

------------------ MOHANAN.O.T., AGED 50 YEARS, URUMBAKKAL HOUSE, MAMMATTIKKANAM P.O., RAJAKKAD, IDUKKI.

BY ADV. SRI.ANUMOD B.NAIR RESPONDENT :

-------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY IDUKKI, PIN-685602.

BY GOVERNMENT PLEADER SMT. SANJEETHA K.A.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

bp

WP(C).No. 36773 of 2015 (V) APPENDIX PETITIONER'S EXHIBITS :

P1:

COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DT 19/11/2015.

RESPONDENT'S EXHIBITS :

NIL.

//TRUE COPY// P.A. TO JUDGE bp

K. HARILAL, J.

= = = = = = = = = = = = = = = = = = W.P. (C) No.36773 of 2015 - - - - - - - - - -- - - - - - - - - - - Dated this the 9 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 Kunchithanny - Thookkupalam, which is valid up to 21.03.2018. The said permit is covered by the stage carriage bearing Registration No.KL-06/D 1798, which is a 2005 model vehicle. 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 substitute another suitable vehicle. 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

W.P.(C) No. 36773 of 2015 -: 2 :- orders accordingly on Ext.P1 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