AI Structured Summary
Not yet generated for this judgment
Judgment
P.V.Kunhikrishnan, J
The above writ petition is filed with following prayers:
“i. Issue a writ of mandamus or such other writs, order or direction, directing the respondent Secretary, Regional Transport Authority, Kottayam to consider Ext.P3 request for clearance certificate in respect of stage carriage vehicle KL-33 6743 in the light of Ext.P4 to P6 series of judgments and issue the same without insisting for surrender of permit, provided there is no other legal impediments, within a time frame.
ii. To grant such other relief’s as this Honorable Court may deem fit and proper.” (sic)
The main prayer in this writ petition is for a direction to the Regional Transport Officer, Kottayam to consider Ext.P3 request for clearance certificate in respect of Stage Carriage vehicle KL-33/6743 in the light of Exts.P4 to P6 series of judgments and issue the same without insisting for surrender of permit provided there is no other legal impediment.
Heard the counsel for the petitioner and the Government Pleader.
The counsel for the petitioner submitted that in the light of Exts.P4 to P6 the petitioner is entitled a permitless certificate. The Government on the other hand, submitted that the permit issued to the petitioner is already expired and an application for renewal is pending. If the permitless certificate is issued, the renewal application cannot be considered. The counsel for the petitioner submitted that, that question can be left open and there may be direction to issue permitless certificate to the petitioner. If that be so, I think this writ petition can be disposed of directing to consider Ext.P3 and issue necessary permitless certificate.
Therefore, this writ petition is disposed of in the following manner:
The respondent is directed to consider Ext.P3 request for clearance certificate in respect of Stage carriage vehicle KL -33/6743 in the light of Exts.P4 to P6 series judgments and issue permitless certificate, if there is no other legal impediment, as early as possible, at any rate, within two weeks from the date of receipt of a copy of this judgment, without insisting for surrender of permit.
The question regarding the renewal of permit is left open.