IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 WP(C).No. 36036 of 2007(M) --------------------------------------- PETITIONER: -------------------- MOHANAN, THEKKECHIRAYIL HOUSE, KADAKKARAPPALLY P.O., CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.G.PRABHAKARAN RESPONDENTS: ----------------------- 1. THE REGIONAL TRANSPORT AUTHORITY, ALAPPUZHA, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ALAPPUZHA. 3. THE STATE TRANSPORT APPELLATE TRIBUNAL, ERNAKULAM. BY GOVERNMENT PLEADER SRI.M.R.SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.36036/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE REQUEST DT. 12.6.07. EXT.P2:- COPY OF THE ORDER DT. 18.7.07. EXT.P:- COPY OF THE MEMORANDUM OF APPEAL DT. 27.7.07 AS M.V.A.A NO.469/07. EXT.P4:- COPY OF THE JUDGMENT DT. 24.10.07 IN M.VA.A. NO.469/07. /TRUE COPY/ P.S. TO JUDGE tss. ANTONY DOMINIC, J. ------------------------------------ W.P.(C) 36036 of 2007 ------------------------------------- Dated: February 11, 2008 JUDGMENT The challenge is against Ext.P2 order of the RTA as confirmed in Ext.P4 judgment of the STAT in an appeal filed by the petitioner. The petitioner applied for renewal of the regular permit in respect of a vehicle and to replace the same with a later model. For the reason that the vehicle was dismantled on 2.1.2007 and that the permit was cancelled with effect from that date, the request was rejected by the RTA. In Ext.P4, on the same reasoning, the decision of the RTA was confirmed. 2. Learned counsel for the petitioner contends that the position is otherwise in view of the judgment in Victor Marian v. The RTA, Ernakulam - ILR 1984 (2) Kerala 623. A reading of the judgment, particularly paragraph 26 thereof says that the vehicle should be covered by a permit at the time when the application for replacement is made. In this case, it is obvious that the permit was WP(C) 36036/07 Page numbers cancelled as early as on 2.1.2007, long before making the application, and this fact is not disputed. If that be so, the reasoning of the RTA as confirmed by the STAT cannot be impugned. The writ petition fails and it is dismissed. ANTONY DOMINIC, JUDGE mt/-