High Court of KeralaWP(C)/40034/2015disposed of

Umeshan v. The Secretary, Regional Transport Authority

2015-12-294 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN TUESDAY, THE 29TH DAY OF DECEMBER 2015/8TH POUSHA, 1937 WP(C).No. 40034 of 2015 (D) ---------------------------- PETITIONER(S):

-------------------------- UMESHAN AGED 45 YEARS S/O KUNHUKANNAN, MURIKEER HOUSE ENNAPARA, THAYANNUR, KANHANGAD.

BY ADV. SRI.O.D.SIVADAS RESPONDENT(S):

---------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY KASARGOD-671121 BY GOVERNMENT PLEADER SRI A MOHAMED SAVAD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 40034 of 2015 (D) APPENDIX PETITIONER's EXHIBITS EXT.P1:

COPY OF THE REQUEST DATED 23/12/2015 SUBMITTED BY THE PETITIONER.

RESPONDENT'S EXHIBITS:

NIL /TRUE COPY/ P.A TO JUDGE LSN

ANIL K. NARENDRAN, J.

--------------------------------------------- W.P.(C). No.40034 of 2015 ---------------------------------------------- Dated this the 29th day of December, 2015

JUDGMENT

The petitioner is the holder of regular permit valid till 30.01.2019. The vehicle covered under permit, namely, KL 59/8388. The petitioner submitted Ext.P1 request before the respondent for releasing the said vehicle so as to enable him to dispose of the same and offer a suitable vehicle for replacement. The grievance of the petitioner is that the respondent is not entertaining Ext.P1 representation. In such circumstances, the petitioner has approached this Court with writ of mandamus commanding the respondent to forthwith issue 'Clearance Certificate' on Ext.P1 request, releasing stage carriage KL 59/8388 from regular permit issued to conduct service on the route Kanhangad-Konnakad without insisting on surrender/cancellation of the permit. 2.

Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondent.

W.P.(C). No.40034 of 2015 3.

In the facts and circumstances, this writ petition is disposed of directing the respondent to consider Ext.P1 request made by the petitioner for the issuance of 'Clearance Certificate' in respect of stage carriage bearing registration No. KL 59/8388 and pass appropriate orders thereon without insisting on surrender/cancellation of the permit. The needful shall be done within two weeks from the production of a certified copy of this judgment, provided all dues including check report, and also the Kerala Motor Transport Workers Welfare Fund with respect of the said vehicles are satisfied. The petitioner shall produce the current records of the vehicle to be substituted within a period of four months from today.

Sd/-ANIL K. NARENDRAN Judge lsn