Disposed

Jaimol Reni v. the Secretary

Kerala HC12 Jun 2015WP(C)/14625/2015

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition alleging inaction by the Regional Transport Authority in considering requests for permitless certificates or contract carriage conversion. It directed the Authority to consider the requests after hearing the petitioner and KSRTC within three weeks.

What did the court decide?

Directed respondent to consider petitioner's requests (Exts. P3, P4) for permitless/clearance certificate after hearing petitioner and KSRTC within 3 weeks, permitting petitioner to submit writ petiti

Jaimol Reni Vs the Secretary — Service and Employment | Kerala HC (2015)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI

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FRIDAY, THE 12TH DAY OF JUNE 2015/22ND JYAISHTA, 1937

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WP(C).No. 14625 of 2015 (C)

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PETITIONER(S) : --------------

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JAIMOL RENI, PULINILKUMKALAYIL, KOTHANALLOOR P.O., KOTTAYAM. BY ADV. SRI.G.PRABHAKARAN.

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RESPONDENT(S) : --------------

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THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ERNAKULAM-682 030.

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BY GOVERNMENT PLEADER SMT. K.A.SANJEETHA.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rvs.

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WP(C).No. 14625 of 2015 (C)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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------------------------

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EXT.P1	THE TRUE COPY OF THE	REGISTRATION CERTIFICATE OF THE
	VEHICLE KL 36/A 7006.

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EXT.P2	THE TRUE COPY OF THE	REGISTRATION CERTIFICATE OF THE
	VEHICLE KL 67/2400.

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EXT.P3	TRUE COPY OF THE	REQUEST FILED BY THE PETITIONER BEFORE
	RESPONDENT DATED	22.4.2015 VEHICLE NO.36/A 7006 ON THE
	ROUTE MANIMALA-PA	YYAVOOR.

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EXT.P4 TRUE COPY OF THE REQUEST FILED BY THE PETITIONER BEFORE RESPONDENT DATED 22.04.2015 VEHICLE NO.KL 67/2400 ON THE ROUTE MANIMALA-PAYYAVOOR.

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EXT.P5 TRUE COPY OF THE JUDGMENT DATED 9.5.2014 IN WP(C) 12157/2014.

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RESPONDENT(S)' EXHIBITS :

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----------------------

NIL.

/TRUE COPY/

P.A.TO JUDGE

RVS.

A.V. RAMAKRISHNA PILLAI, J.

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W.P.(C) No. 14625 of 2015

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Dated this the 12^th day of June, 2015.

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JUDGMENT

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Alleging inaction on the part of the respondent in considering Exts.P3 and P4 requests, the petitioner has come up before this Court.

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The petitioner is the regular stage carriage permit holder operating between Manimala and Payyavoor and now operating with KL 36/A 7006. The petitioner alleges that he is operating another route in opposite direction of the route Manimala and Payyavoor with KL 67/2400. The vehicles KL 36/A 7006 and KL 67/2400 are operating on very long routes as Super Express. However, pursuant to the judgment of a Division Bench of this Court, it has become impossible to operate private stage carriage buses in Kerala, touching the 32 routes coming under the scheme of nationalization of KSRTC which include the portions of permits of the petitioner also. Therefore, the services have come to an abrupt stop.

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Accordingly, the petitioner submitted a request to the respondent to issue permitless certificate/clearance certificate

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W.P.(C) No. 14625 of 2015

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-2-

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to sell the present vehicle or altering as contract carriage vehicle by keeping the permit under suspended animation, till replacement of vehicles are made when becomes permissible.

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I have heard the learned counsel for the petitioner

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and the learned Government Pleader in the matter.

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The learned Government Pleader on instructions, submitted that the permit expired and the route is already reserved for KSRTC.

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As the petitioner's prayer is only for a consideration of Exts.P3 and P4, the writ petition is disposed of directing the respondent to consider Exts.P3 and P4, after affording the petitioner and the KSRTC, an opportunity of being heard, within a period of three weeks from the date of receipt of a copy of this judgment. To facilitate an early action, it shall be open to the petitioner to produce a copy of the writ petition as well as the copy of this judgment before the respondent at the earliest.

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Sd/-

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A.V. RAMAKRISHNA PILLAI

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JUDGE

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Scl.

Jaimol Reni v. the Secretary

Case brief

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Jaimol Reni v. the Secretary

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