The petitioner admittedly had approahced this Court for a clearance certificate for his stage carriage which was conducting service on the route Adivaram-Kottayam in a regular permit, which was granted by this Court and no time was specified for producing the current records of the vehicle, sought to be replaced. The clearance certificate was issued on 19.05.2014, as is indicated in Ext.P2. In the normal course, four months time is granted for producing the current records. The petitioner produced the current records on 18.09.2014. 2. It is evident that neither the judgment nor the clearance certificate issued on 19.05.2014, specifies any time for production of current records. The communication now issued at Ext.P2 indicates that the Secretary has placed the issue before the RTA going by Ext.P3 circular, which is a general order issued restricting the time to three months for production of current records. It is not indicated as to on WPC.28597/2014 : 2 :
what grounds such restriction was made.
3. It is an accepted practice to grant four months and authorities as also this Court has been granting four months time. In such circumstance, it is only proper that the petitioner's application be considered especially since, the current records have been produced within four months from the date of issuance of the clearance certificate. It is also to be noticed that many a time this court has been granting extension even beyond 4 months if the current records are produced before the authority. Writ petition is disposed of setting aside Ext:P2 and directing the secretary to consider and grant the replacement, in accordance with law.
Writ Petition disposed of.
Sd/-
(K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge