IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 33749 of 2009(K) -------------------------- PETITIONER(S): --------------- MUHAMMED SHAFI, S/O. BEERAN MADUKKAL HOUSE, THUPRANGODE.P.O. (VIA) THIRUR, MALAPPURAM DISTRICT REPRESENTED BY ITS POWER OF ATTORNEY FIROZ ALAVI.T.V., THAZHATHUVEETTIL HOUSE, KUTTALLOOR.P.O., MALAPPURAM DISTRICT. BY ADV. MR.G.HARIHARAN MR.PRAVEEN.H. RESPONDENT(S): --------------- 1. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, MALAPPURAM. 2. REGIONAL TRANSPORT OFFICER, MALAPPURAM. 3. DEPUTY TRANSPORT COMMISSIONER, CENTRAL ZONE-1, CIVIL STATION, AYYANTHOLE, THRISSUR. BY SR. GOVERNMENT PLEADER MR. K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ............................................... W.P(C) No. 33749 of 2009 ................................................. Dated this the 25th day of November, 2009 J U D G M E N T The petitioner is the registered owner of a stage carriage having a regular permit to operate on the route Parappanangadi - Kuttippuram. The permit has expired on 16.8.2008 and therefore the petitioner applied for renewal of permit by application dated 30.7.2008. Since the vehicle was an old one, he acquired a new vehicle and applied for transferring ownership of the vehicle in the name of the petitioner, which was allowed. However, the application for renewal of permit was not considered on the ground that the arrears of tax are due from the petitioner under Section 4 of the Kerala Motor Vehicles Taxation Act in respect of the old vehicle. The petitioner has filed an appeal Ext.P5 before the 3rd respondent against the demand for tax. The petitioner has also filed an application for stay of recovery proceedings in that appeal. In the meantime, the petitioner also filed an application for four months temporary permit to operate on the route to conduct substituted service. That application was rejected by the 2nd respondent by order W.P(C) No. 33749 of 2009 -2- dated 13.11.2009 on the ground of arrears of tax. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “(i) Issue a writ of Certiorari or any other appropriate writ quashing Exhibit P6 proceedings issued by the 2nd respondent rejecting the application for temporary permit on the ground of tax arrears of another vehicle. (ii) Issue a writ of mandamus or any other appropriate writ commanding the 2nd respondent to reconsider the application for temporary permit filed by the petitioner to operate on the route mentioned in Exhibit P6 without insisting for payment of tax of vehicle No.KL-10R-954. (iii) Issue a writ of mandamus or any other appropriate writ commanding the 3rd respondent to consider Exhibit P5 appeal and stay petition challenging the demand of tax without any further delay.” 2. As far as the challenge against the order rejecting the application for temporary permit is concerned, I am of opinion that the petitioner's remedy lies in filing an appeal before the Tribunal. However, the petitioner seeks a direction to the 3rd respondent to consider and pass orders on Ext.P5 appeal expeditiously. 3. I have heard the learned Government Pleader also. 4. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 3rd respondent to W.P(C) No. 33749 of 2009 -3- consider and pass orders on Ext.P5 appeal, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment without prejudice to the right of the petitioner to avail of the remedy by way of appeal before the Tribunal in respect of order rejecting the application for temporary permit. sd/- S. SIRI JAGAN, JUDGE rhs // True copy // PA to Judge