IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 10919 of 2009(H) -------------------------- PETITIONER(S): --------------- VARGHESE.C.L., AGED 40 YEARS, S/O.LONAPPAN, CHAKKALAKKAL HOUSE, THANISSERY P.O., MANAPPADY, THRISSUR DISTRICT. (RC OWNER OF SC VEHICLE KL-04/N-5652). BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): --------------- 1. REGIONAL TRANSPORT AUTHORITY (RTA), THRISSUR, REP.BY SECRETARY. 2. SECRETARY, REGIONAL TRANSPORT AUTHORITY, THRISSUR. MR.P.N.SANTHOSH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.10919 of 2009 --------------------------------- Dated, this the 2nd day of April, 2009 J U D G M E N T The petitioner is aggrieved by Ext.P4 proceedings of the 1st respondent deferring issuance of the permit, in view of the circular issued by the Chief Electoral Officer interdicting grant / issue of permits pending completion of the general election. 2. A reading of Ext.P4 itself shows that the grant itself was consequent on the judgments rendered by the STAT and this Court. In the judgment in WP(C) Nos.8383/2009 & connected cases, this Court has, referring to the circular issued by the Chief Electoral Officer, held that in respect of cases of grant / issue of permits consequent to court orders, the circular is inapplicable. 3. In view of the above, and in the light of the fact that the grant in question is also consequent on the judgments rendered by this Court and STAT, the circular issued by the Chief Electoral Officer is inapplicable to the case of the petitioner. 4. Therefore, this writ petition is disposed of clarifying that irrespective of the circular issued by the Chief Electoral Officer, the WP(C) No.10919/2009 -2- 1st respondent will be free to issue the permit in pursuance to Ext.P4. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg