Dismissed

Girish G Krishnan, v. the Secretary, Regional Transport Authority

Kerala HC13 Sept 2023WP(C)/17988/2023

Case brief

AI extract

What is this about?

Petitioner, owner of a stage carriage, sought a permitless clearance certificate and exemption from translation filing despite outstanding tax and pending e-challans. Court found no substance in the petition and dismissed it, directing clearing of dues first.

What did the court decide?

Writ Petition dismissed. Petitioner directed to clear outstanding tax and e-challans before applying for clearance certificate.

Girish G Krishnan, Vs the Secretary, Regional… — Service and Employment | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA, 1945

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WP(C) NO. 17988 OF 2023

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PETITIONER:

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GIRISH G KRISHNAN,
AGED 35 YEARS
S/O. GOPALAKRISHNA KURUP , RAMAKRISHNA VIHAR,
KALLUVATHUKKAL P.O., KOLLAM., PIN - 691578

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BY ADV O.D.SIVADAS

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RESPONDENT:

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THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
CIVIL STATION, KOLLAM., PIN - 691001

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JOBY JOSEPH-GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC No.17988 of 2023

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JUDGMENT

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Dated this the 13^th day of September, 2023

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The writ petition has been filed under

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Article 226 of the Constitution of Indian and the

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petitioner seeks the following reliefs;

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(i) Issue a writ of mandamus or any other appropriate writ, order directing the respondent to consider Ext.P3 request and issue permitless/Clearance certificate for vehicle No.KL 17/C 1015 without insisting surrendering of permit and also without affecting the renewal of regular permit.

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(ii) The petitioner may be permitted to dispense with the filing of Translation of the vernacular document.

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(iii)Grant the petitioner such other reliefs which this

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Hon’ble Court deem just and fit in the circumstances of the case.

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The petitioner is the owner of a stage carriage No.KL 17/C 1015, which is of 2005 model.

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Fitness of the said vehicle was expired on

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WPC No.17988 of 2023
3

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28.10.2022. The said vehicle was in arrears of tax for the period from 01.08.2021 to 31.12.2022. Besides arrears of the tax of the said period, two e-challans are also pending against the said vehicle. Unless the tax and the e-challans are cleared or paid, the petitioner cannot be granted the clearance certificate as sought in this writ petition.

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In view thereof, I find no substance in the writ petition, which is hereby dismissed. However, once the petitioner clears the outstanding dues in respect of the tax and e-challans, the petitioner may apply for the clearance certificate.

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Sd/-

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DINESH KUMAR SINGH JUDGE

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WPC No.17988 of 2023

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APPENDIX OF WP(C) 17988/2023

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE REGULAR PERMIT DATED
5.04.2018 OF STAGE CARRIAGE NO. KL 17/C
1015 VALID TILL 8.4.2023
Exhibit P2TRUE COPY OF THE APPLICATION DATED
2.03.2023 FOR RENEWAL OF PERMIT SUBMITTED
BY THE PETITIONER
Exhibit P3TRUE COPY OF THE REQUEST SUBMITTED BY THE
PETITIONER DATED 9.04.2023 BEFORE THE
RESPONDENT.
Exhibit P4TRUE COPY OF THE JUDGMENT IN WP(C) NO. 1837
OF 2017 DATED 15.02.2017 RENDERED BY THIS
HON'BLE COURT.
Exhibit P5- COPY OF THE JUDGMENT IN WP(C) NO.31243 OF
2018 DATED 01.10.2018 RENDERED BY THIS
HON'BLE COURT.
Exhibit P6TRUE COPY OF THE JUDGMENT IN WP(C) NO.
40763 OF 2022 DATED 16.12.2022 RENDERED BY
THIS HON'BLE COURT.

Girish G Krishnan, v. the Secretary, Regional Transport Authority

Case brief

What is this about?

What did the court decide?

Girish G Krishnan, v. the Secretary, Regional Transport Authority

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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