High Court Kerala High Court

Ummer K.H. vs The State Transport Appellate … on 11 August, 2010

Kerala High Court
Ummer K.H. vs The State Transport Appellate … on 11 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 25049 of 2010(E)


1. UMMER K.H., KURUKKAPEEDIKA HOUSE,
                      ...  Petitioner

                        Vs



1. THE STATE TRANSPORT APPELLATE TRIBUNAL,
                       ...       Respondent

2. THE REGIONAL TRANSPORT AUTHORITY,

3. THE SECRETARY,

                For Petitioner  :SRI.I.DINESH MENON

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :11/08/2010

 O R D E R
                        K. SURENDRA MOHAN, J.
               ------------------------------------------------------------
                    W.P(C) NO: 25049 OF 2010 E
               -----------------------------------------------------------
                Dated this the 11th August, 2010.

                                   JUDGMENT

The petitioner had purchased a vehicle bearing registration

number KL-8 D 5545 from the registered owner thereof,

Mr.P.V.Viswanathan, as per agreement dated 1.4.2002. The vehicle

was having a regular permit on the route Thrissur – Idianchira –

Pulikkakkadavu. After purchase of the vehicle, the petitioner

submitted an application for transfer before the Regional Transport

Authority, Thrissur. At that point of time, the permit holder

disputed his signature in the agreement as well as in the joint

application for transfer and renewal application. Thereupon, the

authorities declined to pass any orders on the joint application.

The petitioner then approached this Court by filing WP(C)

31235/2009. The said writ petition has been disposed of by Ext.P1

judgment dated 19/5/2010. The judgment makes reference to the

statements made by the additional third respondent therein who

was the registered owner of the vehicle to the effect that he had no

objection in granting the reliefs sought for in the said writ petition

to the petitioner for the reason that the disputes between him and

the petitioner had been amicably settled. According to him there

WPC 25049/2010 2

were some financial dealings between himself and the petitioner

and that was the reason why he had denied the signature put by

him on the renewal application as well as on the joint application

submitted by them. Therefore, he has also stated that he had no

objection to allow the renewal application of the stage carriage

vehicle KL-8 D 5545 and the joint application for transfer of the

vehicle. On the basis of the above statements, the Regional

Transport Authority, Thrissur has directed in Ext.P1 to consider the

joint application submitted by the petitioner and the registered

owner of the vehicle in accordance with law and to pass appropriate

orders thereon.

2. According to the petitioner, prior to the date of Ext.P1, the

application for renewal of permit submitted by the petitioner was

rejected by the first respondent on the ground that the petitioner

was not the permit holder of the vehicle. The decision of the first

respondent was challenged by the petitioner before the State

Transport Appellate Tribunal in MVAA No: 254/2009. As per

judgment dated 10/8/2009, the appeal filed by the petitioner has

been dismissed finding that there was absolutely no evidence

available to show that the permit in favour of the third respondent

therein had been transferred to the petitioner who was the

WPC 25049/2010 3

appellant. The said judgment is Ext.P3. The petitioner did not

pursue Ext.P3 thereafter by challenging the same before any other

authority. In this writ petition, the petitioner seeks a direction to

quash Ext.P3 in the light of Ext.P1 judgment and a direction to the

second respondent to reconsider and allow the application for

renewal of the permit.

3. Ext.P3 judgment is dated 10/8/2009. True, the

application for renewal of permit submitted by the petitioner was

rejected relying on the objections of the original permit holder.

Since the permit had not been transferred to the name of the

petitioner, the application for renewal was rejected. The said order

of rejection was the subject matter of challenge before the first

respondent in the appeal, MVAA 254/2009. As per Ext.P3, the

order of the second respondent has been confirmed. However, the

petitioner did not challenge Ext.P3 thereafter. Consequently Ext.P3

has become final, by lapse of time. It is trite that the jurisdiction

under Art.226 of the Constitution of India cannot be invoked to

reopen matters that have become final by lapse of time.

Absolutely no reason has been stated for the delay in challenging

Ext.P3. Therefore, I am not satisfied that there are any grounds to

interfere with Ext.P3 and to grant the reliefs that are sought for in

WPC 25049/2010 4

this writ petition. Therefore, this writ petition fails and is

accordingly dismissed. However, the dismissal of this writ petition

is without prejudice to the rights of the petitioner to file a fresh

application for renewal of permit, if it is permissible to condone the

delay.




                                             K. SURENDRA MOHAN
                                                     Judge
jj

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