Sreeraj C. H vs The Secretary
2021 Latest Caselaw 10980 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR. JUSTICE SUNIL THOMAS

 WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA,
                          1943

                   WP(C).No.2888 OF 2021(I)


PETITIONER:

              SREERAJ C. H.
              AGED 42 YEARS
              S/O. NARAYANAN, SUGANDHI NILAYAM, CHIRAKKAL,
              KANNUR.

              BY ADV. SRI.O.D.SIVADAS

RESPONDENT:

              THE SECRETARY, REGIONAL TRANSPORT AUTHORITY
              CIVIL STATION, KANNUR, PIN - 670 002.

              SRI.BIMAL K NATH,SR.GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.04.2021, ALONG WITH WP(C).16905/2020(K),
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2888 OF 2021(I)        2




                          JUDGMENT

Dated this the 7th day of April 2021

The petitioner is a stage carriage operator conducting

service on the route in Kozhikode and Kasaragod as LSOS in

relation to stage carriage KL-13/Z 3900. Ext.P1 is the regular

permit. The petitioner has submitted an application for renewal

and the matter is pending and it is also stated that, in the light

of the decision in [2018 (4) KHC 617], the petitioner is

entitled to get renewal of permit as LSOS. The prayer sought

by the petitioner is for directing the respondent to consider

Ext.P2 application without insisting permitless certificate and

grant clearance certificate.

2. A statement has been filed by the learned Senior

Government Pleader vehemently opposing this application and

relying on the decision reported in Secretary RTA vs. Abdul

Salam.V.K. and Others [2016 KHC 429]. It was contended

by the learned Senior Government Pleader that the prayer

sought in the writ petition cannot be granted under the

provisions of law.

Without adverting to any of the claims set up by the

petitioner, I am inclined to dispose of the writ petition directing

the respondent to pass orders on Ext.P2, with reference to

pass orders, as expeditiously as possible, at any rate, within a

period of four weeks from today on the date of receipt of a

copy of this judgment. The authority shall also referred to the

decision reported in Secretary RTA vs. Abdul Salam.V.K.

and Others [2016 KHC 429].

Sd/-

SUNIL THOMAS JUDGE LEK

APPENDIX OF WP(C) 2888/2021 PETITIONER'S/S EXHIBITS:

EXHIBIT P1 COPY OF THE REGULAR PERMIT ISSUED TO STAGE CARRIAGE NO.KL 13/Z 3900.

EXHIBIT P2 COPY OF THE APPLICATION DATED 21.01.2021 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT.

EXHIBIT P3 COPY OF THE JUDGMENT IN WP(C) NO.1837 OF 2017 DATED 15.02.2017 RENDERED BY THIS HON'BLE COURT.

EXHIBIT P4 COPY OF THE JUDGMENT IN WP(C) NO.31243 OF 2018 DATED 01.10.2018 RENDERED BY THIS HON'BLE COURT.