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High Court of KeralaWP(C)/8533/2015disposed of

V.Subramanian v. The Secretary

2015-05-21Honourable Mr. Justice A.V.Ramakrishna Pillai5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.V.RAMAKRISHNA PILLAI THURSDAY, THE 21ST DAY OF MAY 2015/31ST VAISAKHA, 1937 WP(C).No. 8533 of 2015 (N) --------------------------- PETITIONER(S):

-------------------------- V. SUBRAMANIAN, VALAYANGADI HOUSE, KOLAPPARAMBA P.O., MANJERI, MALAPPURAM-676 522.

BY ADV. SRI.I.DINESH MENON.

RESPONDENT(S):

---------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM-676 505.

BY GOVT. PLEADER SMT.SANJEETHA. K.A.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 8533 of 2015 (N) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:

TRUE COPY OF THE APPLICATION FOR REGULAR PERMIT DATED 27.06.2014.

EXT.P2:

TRUE COPY OF THE COVERING LETTER DATED 27.06.2014. EXT.P3:

TRUE COPY OF THE PROCEEDINGS DATED 12.11.2014. EXT.P4:

TRUE COPY OF THE LETTER DATED 18.02.2015.

EXT.P5:

TRUE COPY OF THE JUDGMENT IN WP(C) NO.33960/2014 DATED 16.12.2014.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

A.V. RAMAKRISHNA PILLAI, J.

------------------------------------- --------------------------------------- Dated this the 21st day of May, 2015.

JUDGMENT

Alleging that timings of the petitioner's stage carriage has not been settled by the authority concerned, the petitioner has come up before this Court.

2.

The petitioner was an applicant for the grant of a regular permit on the route Pandikkad-Kottothukunnu Harijan Colony, which is having a route length of 26.5 kms. According to the petitioner, though it is an inter district route, only one kms. lies within the jurisdiction of Regional Transport Authority, Palakkad and the remaining major portion of the route lies within the jurisdiction of the Regional Transport Authority, Malappuram. The petitioner points out that as per the inter regional understanding, in the case of distance below 10 kms, no concurrence is required from the sister authority. The petitioner further points out that Regional Transport Authority, Malappuram considered the application for regular

-2permit in its meeting held on 12.11.2014 and granted the regular permit subject to the settlement of timings and the current records of the vehicle of the petitioner. The petitioner's grievance is that in spite of lapse of considerable time, the timings of this service has not been settled and permit was not issued.

3.

Today, when the matter came up for hearing, the learned Government Pleader on instructions submitted that, the time was not settled on account of the non-payment of the tax by the petitioner.

4.

The learned counsel for the petitioner per contra submitted that the petitioner is ready to remit the tax arrears, if any.

Considering the submissions made by the learned counsel for the petitioner, this writ petition is disposed of directing the respondent to settle the timings in respect of the petitioner's vehicle after satisfying the respondent authority that the petitioner has paid the entire arrears of tax. Formal orders to

-3this effect shall be issued within a period of one week from the date of receipt of a copy of this judgment. To facilitate an earlier action, it shall be open to the petitioner to produce a copy of the writ petition as well as the copy of the judgment before the respondent at the earliest.

Sd/- A.V. RAMAKRISHNA PILLAI JUDGE Scl.