Nashid P.T vs The Joint Regional Transport ...
2023 Latest Caselaw 8952 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
          Monday, the 14th day of August 2023 / 23rd Sravana, 1945
                 IA.NO.1/2023 IN WP(C) NO. 14585 OF 2023(W)

PETITIONER/PETITIONER:


     NASHID P.T, AGED 30 YEARS, S/O ABDUL SALAM,
     PANARU THODUKAYIL HOUSE, POONOOR P.O., UNNIKKULAM,
     KOZHIKODE DISTRICT (REGISTERED OWNER OF
     CONTRACT CARRIAGE VEHICLE KL-67-2332).

RESPONDENT/RESPONDENT:

     THE JOINT REGIONAL TRANSPORT OFFICER
     (TAXATION OFFICER), NANMANDA, PIN - 673 613,
     KOZHIKODE DISTRICT.


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to pass an order to
enlarge the time for remitting the 1st and 2nd instalments along with 3rd
instalment on or before 15.07.2023 as directed in the judgment in W.P.(C)
No. 14585/2023 dated 25.04.2023 in the interest of Justice.


     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, this Court's judgment dated
25/04/2023 and upon hearing the arguments of SRI.SAJU J.VALLYARA, Advocate
for the petitioner in IA/WP(C) and of SMT.SAROJINI K.G, GOVERNMENT PLEADER
for the respondent in IA/WP(C) the court passed the following:




                                                                 P.T.O.
                                     MOHAMMED NIAS C.P., J

                           ............................................................
                                             I.A. No.1 of 2023
                                                          in
                                     W.P(C) No.14585 of 2023
                             .............................................................

                            Dated this the 14th day of August, 2023


                                                    ORDER

This is an application seeking extension of time filed on 27-06-2023 for

paying the first and the second instalments along with the third instalment on or

before 15-07-2023 as directed in the judgment dated 25-04-2023. The learned

counsel for the petitioner submits that since the orders were not obtained in the

petition seeking extension of time in the writ petition, he could not make the

payments as directed.

2. Heard the learned Government Pleader as well.

Taking into account the averment in the affidavit, there will be a direction to

the petitioner to pay the arrears and also to continue to pay in terms of the rest of

the conditions in the judgment. The defaulted instalments will be paid within two

weeks from today, failing which the petitioner will lose the benefit of the judgment

dated 25-04-2023 and the respondents will be free to proceed in accordance with

law. It is made clear that no further extension will be granted in this matter.

I.A. is allowed as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE

okb/

14-08-2023 /True Copy/ Assistant Registrar