A public authority is obligated to consider and act upon documented evidence demonstrating the absence of tax liabilities when withholding the issuance of a granted permit, ensuring administrative decisions are based on accurate records.

JUDGMENT

The petitioner is the holder of a regular permit to operate service on the route Anappara – Angamaly – Perumbavoor in respect of stage carriage bearing Registration No.KEE 8787. The application for renewal of permit and replacement of the vehicle were considered by the Regional Transport Authority as per Ext.P1. Pursuant to the grant of permit as per Ext.P1, the petitioner produced current records of the incoming vehicle. However, the granted permit is not issued for the reason that there are arrears of tax in respect of the old vehicle. Ext.P2 is the information sought by the petitioner under the RTI Act regarding the arrears of tax. Ext.P3 is the reply furnished to the petitioner stating that there are no tax arrears. However, without verifying the same, the renewed permit is not issued to the petitioner. The petitioner also submitted Ext.P4 requesting to issue renewed permit. The petitioner has filed this writ petition for the following relief:-

“i) To issue a writ of mandamus or any other appropriate writ direction or order, directing the respondent to issue the renewed permit granted by the Regional Transport Authority as per Exhibit P1, in respect of petitioner’s Stage Carriage KL-17/E 9604, in view of the fact that there is no arrears of tax or any fee in respect of the earlier vehicle KEE 8787, by considering Exhibit P3 as well as Exhibit P4 request of the petitioner forthwith, in the interest of justice.”

2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondent.

3. In the facts and circumstances of the case and having regard to the submissions made across the Bar, there will be a direction to the respondent to consider Exts.P3 and P4 and pass appropriate orders in the matter of issuance of renewed permit pursuant to Ext.P1, within a period of three weeks from the date of receipt of a copy of this judgment.

The writ petition is disposed of.