Petitioner challenged delay in processing permit renewal application. Court directed authority to consider the pending application after hearing petitioner within four weeks, without mandating remittance of dues as a precondition.
Direction to respondent to consider the pending permit renewal application after hearing petitioner within four weeks.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942
WP(C).No.2176 OF 2021(V)
PETITIONER:
NOUSHAD AGED 49 YEARS S/O MOIDEEN, PARAMBADAN HOUSE, KARUVAMBARAM P.O.MANJERI, MALAPPURAM.
BY ADV. SRI.K.V.GOPINATHAN NAIR
RESPONDENT:
THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM, CIVIL STATION ROAD, UPHILL, MALAPPURAM-676 505.
OTHER PRESENT:
SR.GP K.P HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).2176/2021
2
JUDGMENT
The grievance of the petitioner herein is that, Ext.P2 application filed by him for the renewal of permit for a further period of 5 years from the date of expiry of regular permit is pending consideration without orders being passed. Learned Senior Government Pleader, on instructions, submitted that, vehicle is in G-form and the fee payable has to be deposited. It is also submitted that, period of fitness certificate expired on 13.02.2018. It is submitted by the learned counsel for the petitioner that the fee payable could not be remitted through Vahan software for the reasons mentioned in Ext.P2(a). According to the learned Senior Government Pleader, since the fee has not been remitted and the tax arrears are due, vehicle is blacklisted and is shown in the Vahan site. According to the learned counsel for the petitioner, he may be given an opportunity to convince the legal position before the authority.
Having considered this, I am inclined to dispose of the Writ Petition with a direction that, Ext.P2 application shall be taken up and considered by the respondent as expeditiously as possible and after hearing the petitioner, at any rate, within a period of four weeks from the date of receipt of a copy of this judgment and pass appropriate orders on it. It is made clear that, no direction is issued regarding the mode, in which, the dues are to be remitted.
W.P(C).2176/2021
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Writ Petition is disposed of as above.
Sd/-
SUNIL THOMAS
JUDGE
Sbna
W.P(C).2176/2021
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REGULAR PERMIT VALID TILL 27.2.2020
EXHIBIT P2 TRUE COPY OF THE APPLICATION FOR RENEWAL OF PERMIT DATED 6.2.2020
1 issue framed by the court
Whether the petitioner should be granted an opportunity to be heard before the permit renewal application is dismissed due to pending tax dues and vehicle blacklisting status.
Noushad
The Secretary, Regional Transport Authority, Malappuram
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
