IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7426 of 2008(H)
1. P.V.BENNY ,S/O.P.O.VARGHESE
... Petitioner
Vs
1. THE REGIONAL TRANSPORT AUTHORITY
... Respondent
2. THE SECRETARY
For Petitioner :SRI.MILLU DANDAPANI
For Respondent : No Appearance
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :27/05/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) 7426 of 2008
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Dated: APRIL 8, 2008
ORDER OF REFERENCE
Ext.P5 is the order under challenge.
2. An application for temporary permit filed under sec.87(1)
(d) of the Motor Vehicles Act has been rejected by the respondent
relying on the judgment of this court in Shahul Hameed v.
Secretary, RTA – 1999 (1) KLT 273 which lays down the position that
for entertaining an application for temporary permit, a valid
application for regular permit is necessary. It was also held in that
judgment that only if the RTA, in exercise of its powers under
section 81(3) of the Act, entertains an application for regular permit,
then only an application for regular permit can be said to be
pending and the question of entertaining an application for
temporary permit will arise under sec.87(1)(d) of the Act only
thereafter.
3. Petitioner relies on Ext.P6, a judgment rendered by a
learned Single Judge of this court wherein, without noticing the
WP(C) 7426 of 2008
Page numbers
decision in 1999 (1) KLT 273, the learned Single Judge took the
view that in view of section 81(3), an application for regular permit
submitted, even though belatedly, cannot be said to be an
unsustainable one to decline to entertain a request for a temporary
permit made under section 87(1)(d) of the Act.
4. In view of the apparent conflict between the views taken in
the above judgments, the matter needs to be resolved by a Division
Bench.
Place the papers before the Hon’ble Chief Justice for
appropriate orders.
ANTONY DOMINIC, JUDGE
mt/-