Mini Dileep v. The Regional Transport Authority

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 27TH DAY OF OCTOBER 2015/5TH KARTHIKA, 1937 WP(C).No. 22593 of 2015 (Y) PETITIONER:

-------------------------- MINI DILEEP AGED 32 YEARS KAVILKANDATHIL, NORTH GATE, VAIKOM.

BY ADV. SRI.O.D.SIVADAS RESPONDENTS:

----------------------------

1. THE REGIONAL TRANSPORT AUTHORITY KOTTAYAM - 686 001.

2. THE SECRETARY THE REGIONAL TRANSPORT AUTHORITY KOTTAYAM - 686 001.

BY SR. GOVERNMENT PLEADER SMT. SANJEETHA K.A. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 22593 of 2015 (Y) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1:

TRUE COPY OF THE PERMIT DT.10.8.2000 ISSUED BY THE IST RESPONDENT EXT.P-2:

TRUE COPY OF THE PERMIT DATED 17.7.2015 ISSUED TO THE PETITIONER EXT.P-3:

TRUE COPY OF THE APPLICATION FOR RENEWAL SUBMITTED BY THE PETITIONER EXT.P-4:

TRUE COPY OF THE APPLICATION FOR TEMPORARY PERMIT SUBMITTED BY THE PETITIONER EXT.P-5:

TRUE COPY OF THE PROCEEDINGS OF THE REGIONAL TRANSPORT AUTHORITY KOTTAYAM.

EXT.P-6:

TRUE COPY OF THE DEMAND NOTICE DATED 28.10.2011 ISSUED TO THE PETITIONER EXT.P-7:

TRUE COPY OF THE CIRCULAR NO.2/2015 DATED 5.1.2015 ISSUED BY THE TRANSPORT COMMISSIONER.

EXT.P-8:

TRUE COPY OF THE JUDGMENT DATED 19.06.2013 EXT.P-9:

TRUE COPY OF THE JUDGMENT DATED 6.2.2013 IN W.P.(C) 3569/2013 EXT.P-10:

COPY OF THE JUDGEMENT DATED 29.05.2014 IN MVAA 44/2013 RESPONDENT(S)' EXHIBITS:- EXT. R2(a): TRUE COPY OF THE ORDER NO. C4/7873/2013 K DATED 18.10.2013

V. CHITAMBARESH, J W.P.(C). NO. 22593 OF 2015 ---------------------------------------- Dated this the 27th day of October, 2015

JUDGMENT

It should be noted that Ext. P8 judgment in W.P.(C). No. 6225/2012 has not been stayed in W.A. No. 335/2014 pending. The pendency of the writ appeal is no ground to consider the claim for one time settlement. The one time settlement of tax arrears in respect of a vehicle is permissible under Ext. P7 circular.

2.

Any motion made for one time settlement by the petitioner shall be dealt with within two weeks therefrom. The consideration of the one time settlement shall not be delayed for the alleged pendency of W.A. No. 335/2014. The petitioner is free to discharge the liability on its quantification by recourse to one time settlement. 3.

The application dated 06.08.2010 for renewal of permit shall be considered soon after the settlement of tax arrears. Ext. P5 proceedings in other words shall be finalised within a period of two weeks from the settlement of tax arrears.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE DCS