The petitioner is aggrieved with Ext.P5 order of the Tribunal. The short facts are that, the petitioner had a regular permit which was being operated from 1997. The petitioner filed an application for renewal in time which was rejected in the year 2006. The permit was valid till 22.06.2002 and the petitioner is said to have filed the renewal application along with an application for replacement of vehicle, prior to the expiry of the permit; within time, as prescribed under the Kerala Motor Vehicles Act, 1988 and the Rules framed thereunder. However, there was a default in payment of tax, which resulted in the renewal not being considered. The petitioner is said to have paid the entire tax dues as on 31.03.2004. It was subsequent to that, that the application for renewal came up for consideration, which was rejected as per Ext.P1 in the year 2006. The rejection was for the reason that the permit is invalid from 31.03.2004 and that the vehicle had attained 15 years of age as on 11.04.1999. In fact, the specific contention of the petitioner is that on the vehicle attaining 15 years of age, petitioner had filed an application for replacement of vehicle and had also been servicing the route on temporary permits. 2. The petitioner filed an appeal in which there was a remand as per Ext.P3. On remand, again the matter was considered and by order dated 09.02.2007, the RTA rejected the application against which an appeal was filed in which Ext.P5 was passed. The petitioner prays that the application may be directed to be considered afresh, since as per the earlier Scheme the application was rejected and as of now, a new Scheme is introduced permitting the continuance of the existing regular permits.
3. Ext.P5 rejection was on the premise that the permit would stand revoked on the tax being not paid. However, in the present case, what is to be noticed is that, before the renewal application was taken up for consideration, the entire tax dues were paid up by the petitioner, according to the submission of the petitioner. Even as per the counter affidavit, the petitioner has paid up the entire tax as on 09.08.2004. Obviously, renewal application was taken up only in the year 2006. Rejection order also does not speak of any tax arrears.
4. Rejection order is based on the fact that, the regular permit is invalid from 31.03.2004 and that the vehicle has attained 15 years of age. The invalidity of the permit cannot be a reason since Ext.P5 judgment specifically declared that if on non payment of tax arrears, the vehicle is not plied in a route, that does not necessarily lead to revocation of permit. In the present case, it is also to be noticed that the renewal application which was filed in time, was considered only in the year 2006, when admittedly there was no tax arrears due.
5. The learned Standing Counsel appearing for the KSRTC however, submits that the Scheme was introduced consequent to Ext.P5 order of the Tribunal on 14.07.2009 wherein reservation is only with respect to existing regular permits. The petitioner's permit admittedly expired on 22.06.2002.
6. However, since the petitioner had been diligently pursuing his remedies, it is only appropriate that the RTA consider the application looking at the new Scheme introduced on 14.07.2009. It is also to be stated that, the new Scheme saves the permits before 2006. Hence, the petitioner's application has to be considered in the light of such observation and if the permit which expired on 22.06.2002 is renewed, the same would have to be considered as one which is saved by the Scheme of 2009. Fresh consideration shall be done, after hearing the KSRTC also, within a period of three months from today. Exts.P3 and P5 shall stand set aside only to facilitate such re-consideration. It is made clear that this Court has not made any observation and has not looked into the Scheme dated 14.07.2009. The consideration directed is of the renewal application and not a consideration for a fresh permit.
The writ petition is disposed of, leaving the parties to suffer their respective costs.
Sd/-
K.VINOD CHANDRAN Judge Mrcs //True Copy//