Girish G Krishnan vs The Secretary, Regional ...
2023 Latest Caselaw 9767 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
   WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945
                      WP(C) NO. 17988 OF 2023
PETITIONER:

          GIRISH G KRISHNAN,
          AGED 35 YEARS
          S/O. GOPALAKRISHNA KURUP , RAMAKRISHNA VIHAR,
          KALLUVATHUKKAL P.O., KOLLAM., PIN - 691578
          BY ADV O.D.SIVADAS


RESPONDENT:

          THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
          CIVIL STATION, KOLLAM., PIN - 691001



          JOBY JOSEPH-GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.17988 of 2023
                                       2



                               JUDGMENT

Dated this the 13th day of September, 2023

1. The writ petition has been filed under

Article 226 of the Constitution of Indian and the

petitioner seeks the following reliefs;

(i) Issue a writ of mandamus or any other appropriate

writ, order directing the respondent to consider Ext.P3

request and issue permitless/Clearance certificate for

vehicle No.KL 17/C 1015 without insisting

surrendering of permit and also without affecting the

renewal of regular permit.

(ii) The petitioner may be permitted to dispense with the

filing of Translation of the vernacular document.

(iii)Grant the petitioner such other reliefs which this

Hon'ble Court deem just and fit in the circumstances

of the case.

2. The petitioner is the owner of a stage

carriage No.KL 17/C 1015, which is of 2005 model.

Fitness of the said vehicle was expired on WPC No.17988 of 2023

28.10.2022. The said vehicle was in arrears of tax for

the period from 01.08.2021 to 31.12.2022. Besides

arrears of the tax of the said period, two e-challans

are also pending against the said vehicle. Unless the

tax and the e-challans are cleared or paid, the

petitioner cannot be granted the clearance certificate

as sought in this writ petition.

3. In view thereof, I find no substance in the

writ petition, which is hereby dismissed. However,

once the petitioner clears the outstanding dues in

respect of the tax and e-challans, the petitioner may

apply for the clearance certificate.

Sd/-

DINESH KUMAR SINGH

JUDGE AP WPC No.17988 of 2023

APPENDIX OF WP(C) 17988/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGULAR PERMIT DATED 5.04.2018 OF STAGE CARRIAGE NO. KL 17/C 1015 VALID TILL 8.4.2023 Exhibit P2 TRUE COPY OF THE APPLICATION DATED 2.03.2023 FOR RENEWAL OF PERMIT SUBMITTED BY THE PETITIONER Exhibit P3 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DATED 9.04.2023 BEFORE THE RESPONDENT.

Exhibit P4 TRUE COPY OF THE JUDGMENT IN WP(C) NO. 1837 OF 2017 DATED 15.02.2017 RENDERED BY THIS HON'BLE COURT.

Exhibit P5 - COPY OF THE JUDGMENT IN WP(C) NO.31243 OF 2018 DATED 01.10.2018 RENDERED BY THIS HON'BLE COURT.

Exhibit P6 TRUE COPY OF THE JUDGMENT IN WP(C) NO.

40763 OF 2022 DATED 16.12.2022 RENDERED BY THIS HON'BLE COURT.