Disposed

Thomas Lal v. the Secretary

Kerala HC3 Jun 2022WP(C)/17168/2022

Case brief

AI extract

What is this about?

This Court disposed of a writ petition filed by a transport permit holder whose permit had expired. The Court directed the Regional Transport Authority to consider an application for a clearance certificate without insisting on the surrender of the expired permit and to afford an opportunity of hearing within one month.

What did the court decide?

Directions issued to consider application for clearance certificate without insisting on surrender of expired permit and offer hearing within one month.

Thomas Lal Vs the Secretary — Service and Employment | Kerala HC (2022)

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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 AMIT RAWAL

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FRIDAY, THE 3^RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944

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WP(C) NO. 17168 OF 2022

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PETITIONER/S:

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THOMAS LAL S/O. P.T. MATHEW, PADICATHACHAMATTTHIL HOUSE, PAZHOOR EAST, PIRAVOM P.O, ERNAKULAM - 686664. BY ADV I.DINESH MENON

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RESPONDENT/S:

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THE SECRETARY REGIONAL TRANSPORT AUTHORITY, IDUKKI, REGIONAL TRANSPORT OFFICE, COLLECTORATE P.O, IDUKKI 685603.

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OTHER PRESENT:

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SR.G.P. V.K.SUNIL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 17168 OF 2022

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JUDGMENT

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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 furthe r impediment in seeking issuance, renewal and temporary if needed.

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Learned Government Pleader submits that the respondent will not be averse in taking a call on the request dated 20.5.2022.

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I have heard the learned counsel for the parties. Without

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WP(C) NO. 17168 OF 2022

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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

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APPENDIX OF WP(C) 17168/2022

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE PETITIONER.	REGULAR PERMIT OF THE
Exhibit P2	TRUE COPY OF THE DATED 23.09.2021	DECISION OF RTA IDUKKI .
Exhibit P3	TRUE COPY OF THE 1837/2017 DATED	JUDGMENT IN WP(C) NO. 15.02.2017.
Exhibit P4	TRUE COPY OF THE 24277/2018 DATED	JUDGMENT IN WP(C) NO. 25.07.2018.
Exhibit P5	TRUE COPY OF THE 18869/2020 DATED	JUDGMENT IN WP(C) NO. 19.10.2020.
Exhibit P6	TRUE COPY OF THE 20.05.2022.	REQUEST DATED
Exhibit P7	TRUE COPY OF THE 9796/2021 DATED	JUDGMENT IN WP(C) NO. 27.04.2021.
Exhibit P8	TRUE COPY OF THE 9765/2021 DATED	JUDGMENT IN WP(C) NO. 27.04.2021.

Thomas Lal v. the Secretary

Case brief

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Thomas Lal v. the Secretary

Case brief

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