IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
WP(C) NO. 17168 OF 2022
PETITIONER/S:
THOMAS LAL
S/O. P.T. MATHEW, PADICATHACHAMATTTHIL HOUSE, PAZHOOR
EAST, PIRAVOM P.O, ERNAKULAM - 686664.
BY ADV I.DINESH MENON
RESPONDENT/S:
THE SECRETARY
REGIONAL TRANSPORT AUTHORITY, IDUKKI, REGIONAL TRANSPORT
OFFICE, COLLECTORATE P.O, IDUKKI 685603.
OTHER PRESENT:
SR.G.P. V.K.SUNIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17168 OF 2022
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JUDGMENT
Petitioner was a holder of a permit bearing No.20046 of 2006 in respect of the vehicle bearing No.KL-17-T-2484. The said permit expired on 3.8.2021. Petitioner could not submit an application for renewal or issuance of a temporary permit on the ground that on the area where the permission was granted to ply the vehicle, there was a dispute amongst the private stage carriage permits to drive the vehicle beyond 140 kms. The said controversy has been set at rest by the judgment of this Court in W.P.(C) No.14788 of 2020. Now the petitioner is not interested in plying the vehicle in the area where it was being plied and had vide Ext.P6 submitted a request for issuance of the clearance certificate. The said application has been submitted with a view that if there are certain dues, the same can be cleared so that there is no further impediment in seeking issuance, renewal and temporary if needed.
2. Learned Government Pleader submits that the respondent will not be averse in taking a call on the request dated 20.5.2022.
I have heard the learned counsel for the parties. Without WP(C) NO. 17168 OF 2022 3 expressing any opinion on the merits dispose off the writ petition by issuing directions to the respondent to consider the application for issuance of clearance certificate relating to the vehicle bearing number KL-17 T 2484 without insisting for surrender of permit as the permit had already been expired and cannot be misused for any other purpose, within a period of one month from the date of receipt of a certified copy of the judgment, after affording an opportunity of hearing to the petitioner.
Sd/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 17168 OF 2022
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APPENDIX OF WP(C) 17168/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REGULAR PERMIT OF THE
PETITIONER.
Exhibit P2 TRUE COPY OF THE DECISION OF RTA IDUKKI
DATED 23.09.2021.
Exhibit P3 TRUE COPY OF THE JUDGMENT IN WP(C) NO.
1837/2017 DATED 15.02.2017.
Exhibit P4 TRUE COPY OF THE JUDGMENT IN WP(C) NO.
24277/2018 DATED 25.07.2018.
Exhibit P5 TRUE COPY OF THE JUDGMENT IN WP(C) NO.
18869/2020 DATED 19.10.2020.
Exhibit P6 TRUE COPY OF THE REQUEST DATED
20.05.2022.
Exhibit P7 TRUE COPY OF THE JUDGMENT IN WP(C) NO.
9796/2021 DATED 27.04.2021.
Exhibit P8 TRUE COPY OF THE JUDGMENT IN WP(C) NO.
9765/2021 DATED 27.04.2021.