WP(C)/6702/2025 of RATHEESH, Vs THE SECRETARY, on 2 April 2025

JUDGMENT

The petitioner was operating on the route Vazhakulam- Muthalakodam on the basis of a permit issued to him. The permit was being operated using a leased vehicle bearing Registration No.KL-08/AH 3795 belonging to one Lijeesh Chandran. According to the petitioner, the petitioner had applied for renewal of the permit which expired on 6.11.2020, but did not seek any temporary permit pending consideration of the application for renewal as the vehicle bearing Registration No.KL-08/AH 3795 was not fit for use on the road. It is stated that the petitioner, thereafter, sought replacement of vehicle with vehicle bearing Registration No.KL-07/BB 9848 which is a vehicle registered in the name of the petitioner. According to the petitioner, the petitioner and the registered owner of the vehicle bearing Registration No.KL-08 AH 3795 were called for a hearing and the lease agreement between them was cancelled with effect from 16.2.2024 and the possession of the vehicle bearing Registration No.KL-08/AH 3795 was given back to the registered owner. The writ petition has been filed seeking to quash Ext.P6 which grants permission for replacement of the vehicle with effect from 16.2.2024, but requires the payment of tax in respect of vehicle bearing Registration No.KL-08/AH 3795 only till 31.12.2024. The petitioner is thus before this Court seeking the following reliefs:- ‘’i. Call for records leading to Ext.P6 proceeding of the lst respondent and quash the same issuing a writ of certiorari;

ii. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the lst respondent to issue the granted renewed permit on the route Vazhakulam- Muthalakodam to the petitioner by endorsing the permit to stage carriage No.KL 07/BB 9848 in accordance with the replacement granted, untrammeled by Ext.P6 proceeding.’’

2. The learned Government Pleader submits that it is settled law that on an application for replacement being filed, all the tax arrears in respect of the outgoing vehicle have to be cleared and therefore, there is nothing wrong in Ext.P6 requiring the payment of tax in respect of the outgoing vehicle.

3. Having heard the learned counsel appearing for the petitioner and the learned Government Pleader, the writ petition will stand disposed of, directing that on the petitioner paying the tax dues or other dues in respect of the vehicle bearing registration No.KL 08/AH 3795 before the Regional Transport Officer, Kochi the application filed by the petitioner for replacement and renewal shall be considered in accordance with the law, within a period of three months from the date of

receipt of a certified copy of this judgment . If the petitioner is entitled to a refund in respect of any amount of tax paid by him in respect of the outgoing vehicle, it will be open to the petitioner to pursue such claim, in accordance with the law.

Writ petition is disposed of as above. Sd/- GOPINATH P. JUDGE ajt

APPENDIX OF WP(C) 6702/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION FOR RENEWAL OF PERMIT DATED 2.01.2020 Exhibit P2 TRUE COPY OF THE APPLICATION DATED 1.12.2023 FOR REPLACEMENT. Exhibit P3 TRUE COPY OF THE LETTER NO. J2/3795/2024/ID DATED 02.07.2024 Exhibit P4 TRUE COPY OF THE JUDGMENT IN WP(C) NO. 26595 OF 2024 DATED 25.07.2024 Exhibit P5 TRUE COPY OF THE ORDER NO. J2/2354/2023/ID DATED 22.08.2024 Exhibit P6 TRUE COPY OF THE PROCEEDING NO. J2/985104/2024/ID DATED 22.01.2025