IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 WP(C).No. 22435 of 2010(D) -------------------------- PETITIONER: --------------- ANU KRISHNA, AROMAL NIVAS, MADATHARA, ANCHAL, KOLLAM. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: --------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, KOLLAM. SENIOR GOVERNMENT PLEADER SRI.K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON 27/07/2010 DELIVERED THE FOLLOWING: K.SURENDRA MOHAN, J. --------------------------------------- W.P.(C) No. 22435 of 2010 --------------------------------------- Dated this the 27th day of July, 2010 J U D G M E N T -------------------------- The petitioner is the registered owner of a stage carriage vehicle bearing registration No. KL 24B/4041. He submitted an application for the issue of a temporary permit on the route Charayam-Ayoor in the vacancy of a stage carriage bearing registration No. KL 17/6931. According to the petitioner the permit of the route bus is valid till 24.11.2010. Since the permit holder is not operating his service the petitioner had submitted the application for the issue of a temporary permit to operate the vehicle. As per Exhibit P1 proceedings, the respondent has rejected the petitioner's application, for the reason that, the vehicle with respect to the original permit had been issued, was having tax arrears. The petitioner contends that existence of tax arrears in 2 W.P.(C) No. 22435 of 2010 respect of the said vehicle can have relevance only when the subject matter is the original permit. The petitioner is seeking the issue of a temporary permit under section 87(1)(c) of the Motor Vehicles Act 1988 ('the Act' for short) and therefore, the said fact is irrelevant. The learned Government Pleader also does not dispute the above legal position. In view of the above, Exhibit P1 is set aside. The respondent shall consider the application of the petitioner for the issue of a temporary permit under section 87(1)(c) of the Act, shall pass appropriate orders thereon and issue the permit if there is a temporary need, as expeditiously as possible, at any rate within a period of ten days from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE. rkc