Kerala High Court
Reni Peter vs The Secretary , Regional ... on 6 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
WP(C) NO. 43028 OF 2022
PETITIONER/S:
RENI PETER,
S/O. PETER, PULINKUMKAAYIL HOUSE, KOTHANALLOOR.P.O.,
KANAKKARI, KOTTAYAM, REPRESENTED BY THE POWER OF
ATTORNEY HOLDER, TOGY JOHN, S/O. K.A.JOHN, RESIDING
AT KUPPATHANATHU, KOTHANALLOOR, KOTTAYAM,
PIN 686 632.
BY ADV O.D.SIVADAS
RESPONDENT:
THE SECRETARY , REGIONAL TRANSPORT AUTHORITY,
CIVIL STATION, ERNAKULAM. PIN 683 542.
OTHER PRESENT:
SRI.SUNIL KURIAKOSE SR.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.43028 of 2022 2
P.V.KUNHIKRISHNAN, J
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W.P.(C) No. 43028 of 2022
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Dated this the 6th day of January, 2023
JUDGMENT
The above writ petition is filed with the following prayers:-
i. Issue a writ of mandamus or any other appropriate writ, order
directing the respondent to consider Ext.P3 and P4 application
without insisting permitless certificate and grant clearance
certificate without affecting the renewal of regular permit in the
light of Ext.P5 to P7 judgments rendered by this Hon'ble court.
ii. Grant the petitioner such other reliefs which this Hon'ble
court deem just and fit in the circumstance of the case.
2. The petitioner is a stage carriage operator on the route
Kottayam- Panathur running as Limited Stop Ordinary Service, and an
application for renewal is pending. It is the case of the petitioner that the
application for renewal was not considered on account of route length. So
the petitioner intends to sell the vehicle, for which permitless certificate is
necessary. Hence the petitioner submitted Exts.P3 and P4 applications. The
prayer in this writ petition is for the consideration of the same.
3. Heard the learned counsel for the petitioner and the learned
Government pleader.
4. Since the limited prayer is for consideration of Exts. P3 and P4,
I think the same can be allowed. Moreover, in the similar situation, this
Court passed Exts.P5 to P7 judgments. Therefore, this writ petition is
disposed of with the following directions;
(i) There will be a direction to the respondent to
consider Exts.P3 and P4, as expeditiously as
possible, at any rate, within one month from the
date of receipt of a copy of this judgment.
(ii) While passing orders, the respondent will
consider the applicability of Exts. P5 to P7
judgments.
Sd/-
P.V.KUNHIKRISHN
JUDGE
AMR
APPENDIX OF WP(C) 43028/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE TEMPORARY PERMIT DATED
25.11.2022 IN RESPECT OF STAGE CARRIAGE
NO. KL-67/1800.
Exhibit P2 TRUE COPY OF THE TEMPORARY PERMIT DATED
14.12.2022 IN RESPECT OF STAGE CARRIAGE
NO. KL-36/C-7400.
Exhibit P3 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER BEFORE THE RESPONDENT DATED
24.12.2022 FOR CLEARANCE CERTIFICATE OF
STAGE CARRIAGE NO. KL-67/1800.
Exhibit P4 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONER BEFORE THE RESPONDENT DATED
24.12.2022 FOR CLEARANCE CERTIFICATE OF
STAGE CARRIAGE NO. KL-36/C-7400.
Exhibit P5 COPY OF THE JUDGMENT IN WP(C) NO. 1837 OF
2017 DATED 15.02.2017 RENDERED BY THIS
HON'BLE COURT.
Exhibit P6 COPY OF THE JUDGMENT IN WP(C) NO.31243 OF
2018 DATED 01.10.2018 RENDERED BY THIS
HON'BLE COURT.
Exhibit P7 COPY OF THE JUDGMENT IN WP(C) NO.17168 OF
2022 DATED 03.06.2022 RENDERED BY THIS
HON'BLE COURT.
