Snehalatha Vs. Sasidharan - Court Judgment

SooperKanoon Citationsooperkanoon.com/1130436
CourtKerala High Court
Decided OnFeb-12-2014
JudgeHONOURABLE MR.JUSTICE V.CHITAMBARESH
AppellantSnehalatha
RespondentSasidharan
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice k.vinod chandran wednesday, the12h day of february201423rd magha, 1935 wp(c).no. 4193 of 2014 (y) -------------------------------------- petitioner: ------------------- paladan mohammed hajee, chundakkara house, kalloor, noolpuzha post, sulthan bathery, wayanad. by adv. sri.g.prabhakaran. respondents: ------------------------ 1. the secretary, regional transport authority, wayanad - 673 121.2. the regional transport authority, wayanad, represented by its secretary - 673 121. by government pleader smt. r. rema. this writ petition (civil) having come up for admission on1202-2014, the court on the same day delivered the following: prv. w.p.(c).no.4193/2014-y: appendix petitioner's exhibits: exhibit p1 : true copy of the permit no.p.st.12/495/2013 on the route for the period2802.2013 to2702.2018 dated2802.2013. exhibit p2 : true copy of the proceeding showing time sheet on the route sulthan bathery - kalloor - mannurkunnu - nenmenikunnu. exhibit p3 : true copy of the replacement application dated1312.2013. exhibit p4 : true copy of the chelan receipt dated1312.2013. exhibit p5 : true copy of the proceedings of the r.t.a wayand granted regular permit in item no.37 with its no.c5/1455/2012/w dated2111.2013. exhibit p6 : true copy of the request filed by the petitioner before the1t respondent dated2112.2013. respondents' exhibits: nil. //true copy// p.a. to judge. prv. k. vinod chandran, j.===================== w.p.(c) no. 4193 of 2014 ====================== dated this the 12th day of february, 2014 judgment the petitioner is a stage carriage operator having inter alia two permits which are the subject matter of the above writ petition. by ext. p1, the petitioner was granted a permit in the route sulthan bathery-nenmenikunnu, which is valid up to 27.2.2018. the petitioner is also plying in the said route, as per ext. p2 timings, with a stage carriage bearing registration no. kl12 7576. the petitioner has also obtained another permit in the route kalpetta - mananthavady as per ext. p5, for which current records of the vehicle have to be produced by the petitioner.2. the petitioner contends that, in view of the narrow roads in the route in which ext. p1 permit has been granted, the petitioner submitted an application for replacement of vehicle by ext. p3. the petitioners declared intention is to produce the vehicle now running in ext. p1 w.p.(c) no. 4193 of 2014 2 permit for grant of permit under ext. p5. the petitioner is aggrieved by the non consideration of ext. p3 application and contends that, a clearance certificate can be obtained in the stage carriage which is operating at present in ext. p1, only after the replacement application is considered and accepted. in such circumstance, ext. p3 application shall be considered by the 1st respondent secretary, regional transport authority within two weeks from the date of production of a copy of this judgment. needless to say if replacement is obtained as sought for in ext. p3, the petitioner would have to be granted the clearance certificate as and when the same is applied for, subject however with the same being in accordance with law. the writ petition is disposed of with the above directions. sd/- k. vinod chandran, judge sb
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE12H DAY OF FEBRUARY201423RD MAGHA, 1935 WP(C).No. 4193 of 2014 (Y) -------------------------------------- PETITIONER: ------------------- PALADAN MOHAMMED HAJEE, CHUNDAKKARA HOUSE, KALLOOR, NOOLPUZHA POST, SULTHAN BATHERY, WAYANAD. BY ADV. SRI.G.PRABHAKARAN. RESPONDENTS: ------------------------ 1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, WAYANAD - 673 121.

2. THE REGIONAL TRANSPORT AUTHORITY, WAYANAD, REPRESENTED BY ITS SECRETARY - 673 121. BY GOVERNMENT PLEADER SMT. R. REMA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1202-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Prv. W.P.(C).NO.4193/2014-Y: APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : TRUE COPY OF THE PERMIT NO.P.ST.12/495/2013 ON THE ROUTE FOR THE PERIOD2802.2013 TO2702.2018 DATED2802.2013. EXHIBIT P2 : TRUE COPY OF THE PROCEEDING SHOWING TIME SHEET ON THE ROUTE SULTHAN BATHERY - KALLOOR - MANNURKUNNU - NENMENIKUNNU. EXHIBIT P3 : TRUE COPY OF THE REPLACEMENT APPLICATION DATED1312.2013. EXHIBIT P4 : TRUE COPY OF THE CHELAN RECEIPT DATED1312.2013. EXHIBIT P5 : TRUE COPY OF THE PROCEEDINGS OF THE R.T.A WAYAND GRANTED REGULAR PERMIT IN ITEM NO.37 WITH ITS NO.C5/1455/2012/W DATED2111.2013. EXHIBIT P6 : TRUE COPY OF THE REQUEST FILED BY THE PETITIONER BEFORE THE1T RESPONDENT DATED2112.2013. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. K. VINOD CHANDRAN, J.

===================== W.P.(C) No. 4193 of 2014 ====================== Dated this the 12th day of February, 2014

JUDGMENT

The petitioner is a stage carriage operator having inter alia two permits which are the subject matter of the above Writ Petition. By Ext. P1, the petitioner was granted a permit in the route Sulthan Bathery-Nenmenikunnu, which is valid up to 27.2.2018. The petitioner is also plying in the said route, as per Ext. P2 timings, with a stage carriage bearing Registration No. KL12 7576. The petitioner has also obtained another permit in the route Kalpetta - Mananthavady as per Ext. P5, for which current records of the vehicle have to be produced by the petitioner.

2. The petitioner contends that, in view of the narrow roads in the route in which Ext. P1 permit has been granted, the petitioner submitted an application for replacement of vehicle by Ext. P3. The petitioners declared intention is to produce the vehicle now running in Ext. P1 W.P.(C) No. 4193 of 2014 2 permit for grant of permit under Ext. P5. The petitioner is aggrieved by the non consideration of Ext. P3 application and contends that, a clearance certificate can be obtained in the stage carriage which is operating at present in Ext. P1, only after the replacement application is considered and accepted. In such circumstance, Ext. P3 application shall be considered by the 1st respondent Secretary, Regional Transport Authority within two weeks from the date of production of a copy of this judgment. Needless to say if replacement is obtained as sought for in Ext. P3, the petitioner would have to be granted the clearance certificate as and when the same is applied for, subject however with the same being in accordance with law. The Writ Petition is disposed of with the above directions. Sd/- K. VINOD CHANDRAN, JUDGE SB