Thomas Lal vs The Secretary
2022 Latest Caselaw 6335 Ker

                 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
                                2



                           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

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


                 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.