IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942
WP(C).No.29152 OF 2020(T)
PETITIONER/S:
RATHEESH
S/O.PEETHAMBARAN, INCHIKALAYIL HOUSE,
VAZHAKULAM P.O., MUVATTUPUZHA-686 670.
BY ADV. SRI.I.DINESH MENON
RESPONDENT/S:
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
IDUKKI, CIVIL STATION P.O., IDUKKI PAINAVU-685 603.
SR.GP BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.29152 OF 2020(T)
2
JUDGMENT
By Ext.P4 judgment this court had directed the RTA to consider the application for renewal of regular permit pending before the RTA and to pass appropriate orders within the time limit mentioned therein. It was further directed that the petitioner shall be bound to clear the tax arrears due in respect of the vehicle as and when the sanction for renewal is granted. It was also directed by virtue of judgment in Usman V. Regional Transport Authority, Malappuram (2015 (4) KHC 779), that the application for replacement shall thereafter be placed by the Secretary, RTA before the RTA which shall consider the same and pass appropriate orders strictly in consonance with law within a further period of four weeks.
2. The grievance of the petitioner is that, the application for temporary permit is pending consideration and no orders have been passed. The learned senior Government Pleader submitted that the present Writ Petition is filed to bypass the liability of the petitioner herein to pay the tax arrears by seeking a direction WP(C).No.29152 OF 2020(T) 3 for consideration of application for temporary permit. The authorities shall comply with Ext.P4 judgment and pass appropriate orders on it as already directed. In the meanwhile, application for temporary permit shall be considered by the RTA within one month from the date of production of a copy of this judgment.
Writ Petition (C)is disposed of.
Sd/-
SUNIL THOMAS, JUDGE R.AV WP(C).No.29152 OF 2020(T) 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REGULAR PERMIT DATED 19.09.2017 AND TYPED COPY.
EXHIBIT P2 TRUE COPY OF THE RENEWAL APPLICATION DATED 02.11.2010.
EXHIBIT P3 TRUE COPY OF THE REPLACEMENT APPLICATION DATED 2.11.2020.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WPC NO.25996/2020 DATED 25.11.2020.
EXHIBIT P5 TRUE COPY OF THE ORDER IN WPC NO.10484/2011 DATED 23.06.2011.
EXHIBIT P6 TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT DATED 03.12.2020 ALONG WITH THE COVERING LETTER.
RESPONDENT'S/S EXHIBITS NIL