Ali Akbar vs The Regional Transport Authority
2023 Latest Caselaw 7900 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
                       WP(C) NO. 20979 OF 2023
PETITIONER:

          ALI AKBAR, AGED 41 YEARS
          KARIMBANAKKUNDIL HOUSE, PULASSERRY P.O.,
          KOPPAM, PALAKKAD., PIN - 679307

          BY ADV I.DINESH MENON



RESPONDENTS:

    1     THE REGIONAL TRANSPORT AUTHORITY,
          REGIONAL TRANSPORT OFFICE,
          CIVIL STATION, KUNATHURMEDU,
          PALAKKAD - 678001

    2     THE SECRETARY,
          REGIONAL TRANSPORT AUTHORITY,
          REGIONAL TRANSPORT OFFICE, CIVIL STATION
          KUNATHURMEDU, PALAKKAD - 678001


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20979 OF 2023     : 2 :




                          JUDGMENT

The petitioner is the holder of Ext.P1 regular permit on

the route Pattambi College - Perinthalmanna in respect of

the stage carriage bearing Registration No.KL 10- X 1377

and the said permit was valid upto 07.07.2019. The

petitioner has submitted Ext.P2 application for renewal of

permit. Since the said vehicle has attained nearly 17 years

and more, the petitioner submitted Ext.P4 application for its

replacement with vehicle bearing Registration No.KL-46 A

4377. The petitioner states that Ext.P4 application is not

considered by the 1st respondent on the ground that the

respondents are insisting for a fitness certificate in respect

of the old vehicle bearing Registration No. KL 10- X 1377

as a pre-condition for getting the renewal considered and

also for replacement.

2. The learned counsel for the petitioner relying on

Exts.P6 and P7 judgments, submits that, there cannot be

any justification to insist on the production of records of

outgoing vehicle in the case of replacement, particularly

when the petitioner is willing to produce the current

records in respect of incoming vehicle.

3. The learned Government Pleader submits that the

petitioner has to pay the dues payable as tax or contribution

to the welfare funds etc., if any, in respect of the old

vehicle.

4. The learned counsel for the petitioner submits

that, no tax arrears or check reports are pending as against

the basic vehicle and that, if there are any dues, the same

will be cleared.

Accordingly, the writ petition is disposed of with the

following directions:-

i) The petitioner will clear the entire dues, if

any, in respect of the old vehicle bearing

Registration No. KL 10- X 1377, within a period

of two weeks.

ii) The 1st respondent shall consider Ext.P2 application

for renewal within a period of one month from the date

of receipt of a copy of this judgment and Ext.P4

application for replacement thereafter, expeditiously,

without insisting for the current records in respect of

the basic vehicle bearing Registration No. KL 10- X

1377.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB

APPENDIX PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REGULAR PERMIT ON THE ROUTE PATTAMBI COLLEGE-PERINTHALMANNA VALID TILL 7.7.2019.

Exhibit P2 TRUE COPY OF THE APPLICATION FOR RENEWAL OF PERMIT DATED 11.4.2019.

Exhibit P3 TRUE COPY OF THE CHALLAN DATED 16.4.2019 EVIDENCING REQUISITE FEE BEING PAID FOR RENEWAL.

Exhibit P4 TRUE COPY OF THE APPLICATION FOR REPLACEMENT DATED 8.6.2023.

Exhibit P5 TRUE COPY OF THE R.C.PARTICULARS OF VEHICLE BEARING REGISTRATION NO.KL-46-A- 4377.

Exhibit P6 TRUE COPY OF THE JUDGMENT IN W.P.C.NO.12901 OF 2016 DATED 7.4.2016.

Exhibit P7 TRUE COPY OF THE JUDGMENT IN W.P.C.NO.11581 OF 2014 DATED 22.5.2014.

Exhibit P8 TRUE COPY OF THE JUDGMENT REPORTED IN 1999 KHC 276.