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2013 Supreme(Online)(KER) 2890
HIGH COURT OF KERALA
V.CHITAMBARESH, J
P K SANTHOSH – Appellant
Versus
THE SECRETARY, RTA, PALAKKAD – Respondent
WRIT PETITION (CIVIL) 24772/2012
The transfer of a transport service permit depends on its cancellation status and tax compliance, which must be clearly established by the relevant authority.
Headnote:
Transfer - Transport Service - Regional Transport Authority - Summary: This case revolves around the transfer of a regular permit for a stage carriage service. Key provisions include the regulations surrounding permit renewal and transferability, and the conditions regarding tax compliance. The court emphasized the necessity for clarity on permit status and tax arrears in guiding authority decisions.
Fact of the Case:
Writ petitions concerning the transfer of a regular stage carriage service permit on the route Palakkad - Guruvayoor were filed. The original permit status and tax arrears of the vehicle were unclear from the Regional Transport Authority's proceedings.
Issues: Whether the original permit was cancelled, if tax arrears were cleared, and if the permit could be transferred or renewed.
Ratio Decidendi: The court underscored that the transfer of a permit hinges on the existing status of that permit and compliance with tax obligations, necessitating clear determinations by the Regional Transport Authority.
Final Decision: The writ petitions were disposed of with directions to the Regional Transport Authority for reconsideration of permit status and tax compliance.
J U D G M E N T
All these writ petitions are connected. I shall refer to the parties and exhibits in W.P.(C) No.2720 of 2013 for the sake of convenience.
2. The issue pertains to the transfer of regular permit to operate stage carriage service on the route Palakkad - Guruvayoor. An application was filed by the petitioner for transfer of the said regular permit. There were also applications for temporary permit by others to operate stage carriage service on the route. This has culminated in Ext.P5 proceedings of the Regional Transport Authority which are impugned in these writ petitions.
3. It is not clear from Ext.P5 proceedings as to whether the original permit has been cancelled on the request of the original permit holder. The question of transfer or granting temporary permits arise only if there is a regular permit. The regular permit if not cancelled has to be renewed or can be transferred. Otherwise temporary permits can also be issued W.P.(C) Nos.24772 & 25962/2012 & W.P.(C) No.2720/2013 pending consideration of the above request.
4. The further question is as to whether the tax arrears in respect of the vehicle has been cleared. It is not possible to discern from Ext.P5 proceedings about these aspects with exactitude. I have no option except to quash Ext.P5 proceedings and remit the matter to the Regional Transport Authority. Necessarily Ext.P7 judgment directing temporary permits to be issued to the transferee also need to be quashed for this purpose.
5. The Regional Transport Authority shall after notice to all the parties in these three writ petitions shall consider the following:-
i) Whether the original route permit granted to Mr.C.A.Rajan has been cancelled on his request or not ?
ii) Whether the tax arrears in respect of the vehicle KL 02 K 4069 being operated on the route has been cleared ?
iii) Whether the original permit granted to Mr.C.A.Rajan can be renewed or can be transferred to another ?
W.P.(C) Nos.24772 & 25962/2012 & W.P.(C) No.2720/2013 iv) Whether temporary permits could be granted in the interregnum if the original permit has not been cancelled.
6. The Regional Transport Authority shall advert to the above aspects and pass a considered order. The needful shall be done within a period of one month from the date of receipt of a copy of this judgment.
The writ petitions are disposed of as above.
V.CHITAMBARESH, Judge.
nj.
