Citation : 2021 Latest Caselaw 16237 Ker
Judgement Date : 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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