MOIDEENKUTTY P C Vs. SECRETARY

JUDGEMENT

(1.) Is an application for renewal of a regular permit filed, beyond the time prescribed by law, along with an application for excusing the delay, eligible to be treated as an application pending consideration, for the purpose of entertaining an application for temporary permit under S.87(1)(d) of the Motor Vehicles Act, 1988, hereinafter referred to as the 'Act' This is the issue in this bunch of matters, referred to the Division Bench by a learned Single Judge, indicating that the decision contained in Shahul Hameed v. Secretary, R.T.A., 1999 KHC 88 : 1999 (1) KLT 273 : 1999 (1) KLJ 237 requires reconsideration.

(2.) Apart from the pleadings in the writ petitions, is an affidavit sworn to on 20/08/2011 on behalf of the Transport Commissioner, following the order dated 15/07/2011 calling for an affidavit touching all relevant aspects involved in these cases, through a government officer at the competent level.

(3.) We heard learned Advocates Sajeev Kumar K. Gopal, Saju J. Vallyara and Shalini N. C. for the writ petitioners, learned senior Government Pleader P. K. Babu, who has also submitted a note of arguments, and learned Government Pleader M. K. Aboobacker. We also had profitable assistance of Adv. P. Santhosh Kumar (Tr) as Amicus Curiae.