Ambikadevi. C.N vs The Regional Transport Authority
2021 Latest Caselaw 11335 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                     WP(C).No.3936 OF 2021(N)


PETITIONER/S:

             AMBIKADEVI. C.N
             AGED 58 YEARS
             W/O. GODASARMAN, KARIPPALMANAKKAL HOUSE,
             NEDUMPURA, CHERUTHURUTHY, THRISSUR DISTRICT.

             BY ADVS.
             SRI.M.JITHESH MENON
             SMT.K.INDU (POURNAMI)
             SRI.R.BRIJESH
             SRI.P.G.MAHESHKUMAR

RESPONDENT/S:

      1      THE REGIONAL TRANSPORT AUTHORITY
             PALAKKAD, CIVIL STATION, PALAKKAD, PIN-678001,
             REPRESENTED BY ITS SECRETARY.

      2      THE SECRETARY,
             REGIONAL TRANSPORT AUTHORITY, PALAKKAD, CIVIL
             STATION, PALAKKAD, PIN-678001




             SR.GP BIMAL K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3936 OF 2021(N)
                                     2




                               JUDGMENT

The petitioner is the holder of the regular permit in

the route Palakkad-Ottappalam in respect of the stage

carriage KL-48/1000. Since the permit expired on

04.02.2021, petitioner submitted an application for

renewal and is pending consideration. It seems that the

vehicle covered by the above permit is a 2006 model

vehicle and is not in a condition to operate. Same has

to be replaced. Hence the petitioner filed Ext.P3

request for issuance of a clearance certificate in respect

of the above said vehicle.

2. The grievance of the petitioner is that before

surrender of the permit he applied for issuance of

clearance certificate in respect of KL-48/1000.

However, respondents are insisting for surrender of

permit for issuance of clearance certificate. Aggrieved

by this stand petitioner has approached this court

relying on the judgment of this court evidenced by WP(C).No.3936 OF 2021(N)

Ext.P4 and Ext.P5.

3. After hearing the learned counsel for the

petitioner and the learned senior Government Pleader, I

am inclined to dispose of the Writ Petition itself, by

directing the second respondent to consider Ext.P3

request in the light of the decision reported in (2016) 3

KLT page 87, as expeditiously as possible, at any rate,

within a period of four weeks from the date of receipt of

a copy of this judgment.

Writ Petition is disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.3936 OF 2021(N)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REGULAR STAGE CARRIAGE PERMIT ISSUED TO THE PETITIONER DATED NIL AS P.ST.NO.9/611/1996.

EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR RENEWAL SUBMITTED BY THE PETITIONER DATED 15.12.2020.

EXHIBIT P3 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DATED 23.1.2020.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WP(C)NO.1837/17 DATED 15.2.17.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WP(C) NO.18869/2020 DATED 19.10.2020.

   RESPONDENT'S/S EXHIBITS           NIL