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2015 Supreme(Ker) 1213

ASHOK BHUSHAN, A.M.SHAFFIQUE
Jaffer P. – Appellant
Versus
Usman – Respondent


Advocates Appeared:
For the Appellant : P. Ravindran, Sr. Adv. and Sajeev Kumar K. Gopal, Adv.
For the Respondents: K.V. Gopinathan Nair and Stalin Peter Davis, Advs.

JUDGMENT :

Ashok Bhushan, J.

1. This Writ Appeal has been filed against the judgment dated 07.09.2015 in W.P(C) No. 24250 of 2015 by which judgment the learned Single Judge has set aside the order of the Regional Transport Authority renewing the stage carriage permit of the appellant as well as the order permitting replacement of the vehicle. Parties shall be referred to as described in the Writ Petition.

2. Brief facts of the case necessary to be noted for deciding the Writ Appeal are: The 2nd respondent (appellant in this appeal) was granted a regular stage carriage permit on the route Manalaya Harijan Colony-Pattambi in respect of vehicle No. KL-53/3221 valid up to 15.04.2014. The 2nd respondent made an application for issuance of clearance certificate for the purpose of transferring his vehicle without surrendering the permit. The 2nd respondent filed W.P(C) No. 23071 of 2013 seeking a direction to permit him to effect transfer without surrendering the permit. The learned Single Judge disposed of the Writ Petition directing issuance of necessary clearance certificate for sale of his vehicle and the permit be kept under suspension. The 2nd respondent was granted clearance certifica






















































































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