IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34007 of 2010(A)
1. A.J.JOSEPH, ALUNKAL HOUSE, ANICKAD
... Petitioner
Vs
1. THE SECRETARY, REGIONAL TRANSPORT
... Respondent
For Petitioner :SRI.I.DINESH MENON
For Respondent : No Appearance
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :24/11/2010
O R D E R
C.T. RAVIKUMAR, J
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W.P.(C)No. 34007 OF 2010
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Dated this the 24th day of November, 2010
J U D G M E N T
The petitioner is a registered owner of stage
carriage bearing registration No. KL-5 L 30. He has
submitted Ext.P7 application before the respondent
requesting for a clearance certificate. However, the grievance
of the petitioner is that the respondent is not considering
Ext.P7 and insisting for clearance of tax arrears in respect of
the vehicle bearing registration No.KL-5 L 30, the vehicle
which he was operating on the route Kumali – Konnakkad.
Evidently, the petitioner has submitted an application for
replacing of the said vehicle and after consideration, the same
was granted as per Ext.P4. The contention of the petitioner is
that since the application for replacement has been sanctioned
the aforesaid liabilities should be endorsed in the new vehicle
KL-5 AB 3666. In fact, for that purpose he has submitted
Ext.P7 application. To buttress his contentions the petitioner
is relying on Ext.P8 judgment.
WPC.34007/2010
: 2 :
2. I have heard the learned counsel for the petitioner
and the learned Government Pleader. Considering the fact
that Ext.P7 application for clearance certificate has been
submitted before the respondent and it is still pending I do not
think it necessary to consider the contentions on merits at this
stage. Accordingly, this writ petition is disposed of with a
direction to the respondent to consider Ext.P7 application,
expeditiously, at any rate, within a period of 2 weeks from the
date of receipt of a copy of this judgment in accordance with
law. The respondent shall also consider the applicability of
Ext.P8 judgment for deciding the issue involved in Ext.P7.
Sd/-
(C.T. RAVIKUMAR, JUDGE)
jma
// True copy //
P.S. to Judge