Ratheesh vs The Secretary
2021 Latest Caselaw 64 Ker

            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)

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)

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