High Court Kerala High Court

M.Sivadasan vs The Regional Transport Authority on 5 April, 2010

Kerala High Court
M.Sivadasan vs The Regional Transport Authority on 5 April, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 9070 of 2010(G)


1. M.SIVADASAN, MADATHIL HOUSE, ARIKKULAM,
                      ...  Petitioner

                        Vs



1. THE REGIONAL TRANSPORT AUTHORITY,
                       ...       Respondent

2. THE SECRETARY, REGIONAL TRANSPORT

                For Petitioner  :SRI.O.D.SIVADAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :05/04/2010

 O R D E R
                      K.SURENDRA MOHAN, J
                       ...........................................
                     WP(C).NO.9070                   OF 2010
                       ............................................
          DATED THIS THE 5TH DAY OF APRIL, 2010

                                  JUDGMENT

The petitioner is an existing operator on the route Koyilandy-

Kozhikode. An application for renewal of his regular permit is pending

consideration of the authority. However, he complains that a

consideration of his renewal application has been adjourned as per

Ext.P1 proceedings. The petitioner submits that the adjournment of his

application is absolutely unjustified. According to the authority, there

are arrears of motor vehicle tax remaining unpaid in respect of the old

vehicle that was being used by the petitioner. According to the

petitioner, the vehicle could not be operated for the reason that it had

become more than 15 years old. When tax in respect of the said vehicle

was demanded, the petitioner had challenged the same in appeal and

revision, without any success. The same is pending consideration of

this court in WP(C) 38218 of 2007. As per an interim order passed by

this court, the petitioner had remitted an amount of Rs.75,000/- as a

condition for stay of recovery of the amount of tax demanded.

Wpc 9070/2010 2

Accordingly, the matter is remaining stayed. In view of the above, it is

submitted that there is no impediment in his application for renewal of

regular permit being considered by the first respondent. Therefore, he

prays for a direction to the authority to consider his application for

renewal. The learned Government Pleader has no objection to such a

direction being issued.

2. In the above circumstances, this writ petition is disposed of

directing the first respondent to consider the application for renewal of

regular permit submitted by the petitioner in accordance with law, and

to pass appropriate orders thereon, as expeditiously as possible and at

any rate within a period of one month from the date of receipt of a copy

of this judgment.

K.SURENDRA MOHAN, JUDGE

lgk