Allowed

Madhu C S v. Secretary, Regional Transport Authority Idukki

Kerala HC16 Mar 2015WP(C)/8111/2015

Case brief

AI extract

What is this about?

In a writ petition seeking a Clearance Certificate for a stage carriage without surrendering the existing regular permit, the High Court of Kerala directed the respondent authority to consider the request and pass orders without insisting on permit surrender, subject to satisfaction of dues and production of current records.

What did the court decide?

Directed respondent to consider request for Clearance Certificate without insisting on surrender of existing regular permit, provided dues are cleared and records produced within four months.

Madhu C S Vs Secretary, Regional Transport Authority… — 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 K.VINOD CHANDRAN

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MONDAY, THE 16TH DAY OF MARCH 2015/25TH PHALGUNA, 1936

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WP(C).No. 8111 of 2015 (L)

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PETITIONER:

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MADHU C S, CHEERAKOMBIL HOUSE, PURAPUZHA, VENGALLOOR.P.O., THODUPUZHA.

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BY ADV. SRI.I.DINESH MENON

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RESPONDENT:

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THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, IDUKKI - 685 603.

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BY SENIOR GOVT. PLEADER SRI.BIJU MEENATTOOR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 8111 of 2015 (L)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 : TRUE COPY OF THE REGULAR PERMIT ISSUED TO THE PETITIONER.

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EXHIBIT P2 : TRUE COPY OF THE RC BOOK NO.KL-5 X 7498.

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EXHIBIT P3 : TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DATED 10.3.2015.

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EXHIBIT P4 : TRUE COPY OF THE JUDGMENT IN WP(C)NO.407/2015 DATED 7.1.2015.

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RESPONDENT'S EXHIBITS: - NIL

/TRUE COPY/

P.S.TO JUDGE

mbr/

K. VINOD CHANDRAN, J

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- - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 8111 of 2015

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

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Dated this the 16^th day of March, 2015

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J U D G M E N T

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The only prayer made in the writ petition is for the issuance of a Clearance Certificate in respect of the vehicle bearing registration No.KL-5X 7498 without insisting for surrender of the existing regular permit issued in respect of that vehicle to operate on the route Koothattukulam - Thodupuzha.

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Heard the learned counsel for the petitioner

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and the learned Government Pleader appearing for the respondent.

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In the circumstances, the writ petition is disposed of directing the respondents to consider Exhibit P3 request made by the petitioner for the issuance of Clearance Certificate in respect of stage carriage bearing registration No.KL-5 X 7498, and pass orders thereon without insisting for surrender of existing regular permit.

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WPC.No.8111/2015

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: 2 :

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The needful in the matter shall be done within one week from the date of production of a copy of this judgment, provided all dues to the Government, including check reports, and also the Kerala Motor Transport Workers' Welfare Fund Board with respect to the vehicle are satisfied. The petitioner shall produce the current records of the vehicle sought to be substituted within a period of four months from today. If the current records are not produced within that time, permit shall stand cancelled.

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Sd/- (K. VINOD CHANDRAN, JUDGE)

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jma

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//true copy//

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P.A to Judge

Madhu C S v. Secretary, Regional Transport Authority Idukki

Case brief

What is this about?

What did the court decide?

Madhu C S v. Secretary, Regional Transport Authority Idukki

Case brief

What is this about?

What did the court decide?

What the court decided

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