1. The prayer made in the writ petition, is for the issuance of a Clearance Certificate in respect of the vehicle bearing registration No.KL-10/Q 1589 without insisting for surrender of the existing regular permit issued in respect of that vehicle to operate on the route Nenmara - Gopalapuram. The petitioner's application to that end was rejected by Ext.P1.
2. Heard the learned counsel for the petitioner and the learned Government Pleader appearing for the respondent
3. By Ext.P1, the application of the petitioner was returned, for the reason that there is no provision in the statute to keep the permit alive when the permit holder is not operating in the route. On the contrary, since there is no prohibition in doing so, the authorities could very well permit it, looking at the hardship of the permit holder W.P.(C)No.26967 of 2014 -:2:-
and the necessity for a service in the route. This Court has also been permitting such exercise, but however, directs the permit holder to produce the current records of the vehicle, sought to be replaced in a time bound manner. Hence, Ext.P1 is set aside.
4. In the circumstances, the writ petition is disposed of directing the respondent to re-consider the prayer made by the petitioner for the issuance of Clearance Certificate in respect of stage carriage bearing registration No.KL-10/Q 1589 and pass orders thereon, without insisting for surrender of existing regular permit. 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 as also the Kerala Motor Transport Workers' Welfare Fund Board, including check reports, 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, failing which the permit shall stand revoked.
K. Vinod Chandran, Judge.
sl.