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Antony Vincent vs The Regional Transport Authority
2021 Latest Caselaw 16237 Ker

Citation : 2021 Latest Caselaw 16237 Ker
Judgement Date : 4 August, 2021

Kerala High Court
Antony Vincent vs The Regional Transport Authority on 4 August, 2021
             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE SUNIL THOMAS
     WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
                      WP(C) NO. 14760 OF 2021
PETITIONER:

       1     ANTONY VINCENT,
             AGED 48 YEARS
             S/O.VINCENT AUGUSTINE, ANTONY COTTAGE, CONVENT
             ANGAR, PALAKADAVU, ERAVIPURAM, KOLLAM-691 011.

             BY ADV SAJEEV KUMAR K.GOPAL

RESPONDENTS:

       1     THE REGIONAL TRANSPORT AUTHORITY,
             KOLLAM-695 013, REPRESENTED BY ITS SECRETARY.

       2     THE SECRETARY, THE REGIONAL TRANSPORT AUTHORITY,
             CIVIL STATION, ANANDAVALLESWARAM, KOLLAM-695 013.

             BY ADV. SR GP BIMAL K NATH

       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    04.08.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 14760 OF 2021
                                  2




                           JUDGMENT

Dated this the 04th day of August, 2021

The petitioner herein, is the son of one Vincent

Augustine. Father of the petitioner was the holder of a

permit. It seems that the STAT directed the 2nd

respondent to issue temporary permit to the father of the

petitioner herein. In the meanwhile, the father expired

on 10.06.2021, just prior to the date of STAT order.

Mother has also expired. The petitioner himself and his

sister are the only legal heirs. Accordingly, the petitioner

filed request for issuing temporary permit in relation to

vehicle No.KL-02-BM-0301. The petitioner had now

requested for reissue of temporary permit which was

rejected, which led to the STAT order. The prayer sought

by the petitioner is for a direction to the 2 nd respondent to

issue temporary permit as granted by the STAT pursuant

to Ext.P4 order.

2. When the matter was taken up, learned Senior

Government Pleader on instructions submitted that the WP(C) NO. 14760 OF 2021

petitioner has not remitted the prescribed fees. The

learned Counsel for the petitioner undertook to remit the

fees within a period of 10 days from today.

3. Having considered this, I am inclined to dispose

of the Writ Petition directing the 2nd respondent to accept

the fees, if remitted within 10 days from today.

Thereafter, if the application is found to be in order, to

consider Ext.P5 representation as well as application for

issuance of temporary permit, in accordance with law, as

expeditiously as possible, at any rate, within a period of

one month, from the date of remittance of the fees.

The Writ Petition is accordingly, disposed of.

Sd/-

SUNIL THOMAS

JUDGE SKP/4-8 WP(C) NO. 14760 OF 2021

APPENDIX OF WP(C) 14760/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE DEATH CERTIFICATE OF SRI.VINCENT AUGUSTINE ISSUED BY THE SECRETARY, REGISTRAR OF BIRTH AND DEATH ADICHANALLUR GRAMA PANCHAYAT.

EXHIBIT P2 TRUE COPY OF THE LEGAL HEIR SHIP CERTIFICATE ISSUED BY THE VILLAGE OFFICER, MUNDAKKAL DATED 02.07.2021 VIDE NO.537/21.

EXHIBIT P3 TRUE COPY OF THE REPORT SUBMITTED BY THE VILALGE OFFICER, MUNDAKKAL VIDE NO.260/21 TO THE TALUK OFFICE, KOLLAM.

EXHIBIT P4 TRUE COPY OF THE ORDER OF THE STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM IN MP NO.126/2021 IN MVAA NO.31/2021.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 14.07.2021 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

RESPONDENTS EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE

 
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