IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 20620 OF 2022
PETITIONER:
SIRAJUDHEEN K. K.
AGED 36 YEARS
S/O. KHALID,
KALATHIL KADAKKARAPPALLY P. O.,
KADAKKARAPPALLY VILLAGE,
CHERTHALA TALUK, ALAPPUZHA DISTRICT,
PIN - 688 529.
BY ADV SRI. SHANAVAZ P.A.
RESPONDENTS:
1 THE SUB REGIONAL TRANSPORT OFFICER
FIRST FLOOR, MINI CIVIL STATION,
KODATHIKAVALA, CHERTHALA,
ALAPPUZHA DISTRICT - 688 524.
2 THE REGIONAL TRANSPORT OFFICER
CIVIL STATION, PALACE ROAD,
ALAPPUZHA - 688 001.
3 THE TRANSPORT COMMISSIONER
DEPARTMENT OF MOTOR VEHICLES,
STATE OF KERALA,
THIRUVANANTHAPURAM - 695 001.
4 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
MOTOR VEHICLE DEPARTMENT, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
SRI. JIMMY GEORGE - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.20620 OF 2022
2
JUDGMENT
The grievance of the petitioner is that an application for renewal of fitness certificate in connection with his vehicle bearing Registration No.KL-08-AP-8605 is not considered by the 1st respondent due to pendency of check reports.
2. This Court in the decision reported in State of Kerala V. Varghese [2017 (3) KLT 744] has held that mere pendency of check report is not a reason to refuse the renewal of permit.
3. In the light of the dictum laid down in the said decision, there will be a direction to the 1st respondent to accept the application for renewal of fitness in connection with the petitioner's vehicle bearing Registration No.KL-08-AP-8605 and consider the same, de hors the check report. This shall be WP(C).No.20620 OF 2022 3 done within a period of two months from the date of receipt of the application to be submitted by the petitioner.
The writ petition is disposed of with the above direction.
Sd/-
MURALI PURUSHOTHAMAN JUDGE SPR WP(C).No.20620 OF 2022 4 APPENDIX PETITIONER EXHIBITS:-
EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF TIPPER LORRY WITH REGISTRATION NO.KL-08-AP-8605. EXHIBIT P2 TRUE COPY OF FITNESS CERTIFICATE THAT EXPIRED ON 11/03/2022.
EXHIBIT P3 TRUE COPY OF RC DETAILS INDICATING BLACKLIST OF THE VEHICLE.
RESPONDENTS EXHIBITS: NIL.