High Court Kerala High Court

P.V.Benny vs The Regional Transport Authority on 27 May, 2008

Kerala High Court
P.V.Benny vs The Regional Transport Authority on 27 May, 2008
       

  

  

 
 
  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

————————————-

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/-