Binso vs The Secretary
2023 Latest Caselaw 5599 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
     THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
  FRIDAY, THE 12TH DAY OF MAY 2023 / 22ND VAISAKHA, 1945
                 WP(C) NO. 15563 OF 2023
PETITIONER:

         BINSO, S/O VARKEY
         AGED 39 YEARS
         PADAVETTIL HOUSE, POOVANCHIRA P.O., THRISSUR,
         PIN - 680652
         BY ADV I.DINESH MENON


RESPONDENT:

         THE SECRETARY
         REGIONAL TRANSPORT AUTHORITY, REGIONAL TRANSPORT
         OFFICE, COLLECTORATE P.O., THRISSUR., PIN -
         680003
OTHER PRESENT:

         GP-SRI P S APPU


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.05.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) No.15563 of 2023

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                  SHOBA ANNAMMA EAPEN, J.
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                    WP.(C) No. 15563 of 2023
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              Dated this the 12th day of May, 2023


                           JUDGMENT

Petitioner has approached this Court with the

following prayer:-

"i. Issue a writ of mandamus or such other writs, order or direction directing the respondent Secretary, Regional Transport Authority, Thrissur to consider Ext.P3 request for clearance certificate in respect of stage carriage vehicle KL 08 AF 606 covered by permit on the route Chemmanampathy-Ayyanthole in the light of Exts.P4 and P5 judgments and issue the same without insisting for surrender of permit provided there is no other legal impediments within a time frame;"

2. Petitioner is the holder of a regular permit on

the route Chemmanampathy-Ayyanthole. The basic

permit was valid till 08.12.2021. The said permit has

been issued in respect of stage carriage bearing No.KL

08 AF 606. The petitioner submitted an application for

renewal within the statutory period itself. It is the case WP(C) No.15563 of 2023

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of the petitioner that he does not intend to utilise this

vehicle on the renewal being sanctioned as it is a 2005

model vehicle. Pending consideration of the renewal

application, petitioner preferred a request for issuance

of clearance certificate in respect of stage carriage

bearing Registration No. KL 08 AF 606. Ext.P3 is the

application. Petitioner submits that the said request is

not considered by the respondent. Aggrieved by this,

this writ petition is filed.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader.

4. Learned counsel appearing for the petitioner

submits that there is no legal bar in issuance of

clearance certificate in the light of the decision of the

Division Bench of this Court in W.A.No.568/2017.

5. Learned Government Pleader, on the other

hand, submits that the application for clearance WP(C) No.15563 of 2023

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certificate needs to be considered by the authority in

accordance with law. He also submitted that the

authority ought to be given a right to consider whether

the application for renewal of permit is maintainable as

per law and whether any dues pending to be paid. The

Government Pleader further submitted that, if the

vehicle is taken out of permit, the application for

renewal cannot be considered. Hence that issue may be

left open, so that the same can be considered at the

relevant time by the authority.

6. The counsel appearing for the petitioner

submitted that the petitioner is ready to comply with all

these conditions. The question whether the renewal

application can be considered once the permit less

certificate is issued is left open and it is to be decided

separately by the authority concerned at the appropriate

stage. The petitioner is free to agitate the same before WP(C) No.15563 of 2023

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the authority concerned in accordance with law. In the

light of the above observation, there is no impediment in

directing the respondent to consider Ext.P3 application

within a time frame. But I make it clear that the issue

of grant of renewal of permit is to be decided by the

authority concerned in accordance with law.

Therefore, this writ petition is disposed of in

the following manner:

The respondent is directed to consider Ext.P3

application as expeditiously as possible, at any

rate, within a period of three weeks from the date

of receipt of a copy of this judgment and issue the

same, if there is no other legal impediment.

Sd/-

SHOBA ANNAMMA EAPEN,

JUDGE MBS/ WP(C) No.15563 of 2023

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APPENDIX OF WP(C) 15563/2023

PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PERMIT ISSUED TO THE PETITIONER DATED 03.7.2020.

Exhibit P2 A TRUE COPY OF THE APPLICATION FOR RENEWAL SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 06.12.2021.

Exhibit P3 A TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER ON 31.03.2023.

Exhibit P4 A TRUE COPY OF THE JUDGMENT OF THE LEARNED SINGLE JUDGE PERMITTING ISSUANCE OF CLEARANCE CERTIFICATE WITHOUT INSISTING FOR SURRENDER OF PERMIT IN WP[C] NO. 1837/2017 DATED 15.02.2017.

Exhibit P5 A TRUE COPY OF THE JUDGMENT IN WP[C] NO.40491/2022 DATED 16.12.2022.