Osmoz Global Ventures Pvt .Ltd vs State Of Kerala
2021 Latest Caselaw 5770 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

    WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

                      WP(C).No.27078 OF 2020(H)


PETITIONER:

               OSMOZ GLOBAL VENTURES PVT .LTD
               21/369A, OSMOZ ENCLAVE, PALANTHARA, MAMPURAM POST,
               TIRURANGADI, MALAPPURAM, PIN - 676 306, REPRESENTED
               BY ITS MANAGING DIRECTOR.

               BY ADVS.
               SRI.V.HARISH
               SRI.RAJAN VISHNURAJ
               SHRI.P.DEEPAK

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF
               TRANSPORT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

      2        THE TRANSPORT COMMISSIONER
               MOTOR VEHICLES DEPARTMENT, TRANS TOWERS, VAZHUTHACAD,
               THIRUVANANTHAPURAM - 695 014.

      3        CENTRE FOR DEVELOPMENT OF ADVANCED COMPUTING (C-DAC)
               REPRESENTED BY THE EXECUTIVE DIRECTOR, P.B.NO.6520,
               VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 033.

               R3 BY ADV. SRI.P.VIJAYAKUMAR

OTHER PRESENT:

               SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.27078 OF 2020(H)
                                 2




                            JUDGMENT

Dated this the 17th day of February 2021

The limited relief now sought by the petitioner is for

consideration of Ext.P6 representation submitted by the

petitioner before the first respondent.

2. The specific contention of the learned Senior

Government Pleader is that the processing of the Phase

IV is already completed and the applicant by Ext.P6

approached late and hence, the above request cannot be

considered. The documentation of the next phase is yet

to begin. According to the learned Senior Government

Pleader, the processing of the next phase has not

commenced and hence his request is premature.

3. The grievance of the petitioner is that they got

Type Approval Certificate only on 12.09.2020 after

closing of the date of testing of the earlier phase which

was fixed as 28.02.2020. The prayer is to condone the

delay and to consider their application. WP(C).No.27078 OF 2020(H)

4. In the light of the submission made by the

learned Senior Government Pleader that the phase is

over and the process of documentation of the next phase

is yet to commence, I feel that it would not be proper to

direct the first respondent to consider Ext.P6. The

petitioner may move the authority at the appropriate

stage, when the next phase commences.

The writ petition is closed.

Sd/-

SUNIL THOMAS

JUDGE

SKP/17-2 WP(C).No.27078 OF 2020(H)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE PHOTOCOPY OF THE CERTIFICATE OF INCORPORATION ISSUED TO THE PETITIONER.

EXHIBIT P1(A) A TRUE PHOTOCOPY OF THE REGISTRATION CERTIFICATE NO.32AACC08305KIZI OF THE PETITIONER'S COMPANY.

EXHIBIT P2 A TRUE PHOTOCOPY OF THE VEHICLE TRACKING AND MONITORING SYSTEM KERALA IMPLEMENTATION ENLISTMENT PHASE IV DOCUMENT ISSUED BY THE DEPARTMENT OF MOTOR VEHICLES.

EXHIBIT P3 A TRUE PHOTOCOPY OF THE TYPE APPROVAL CERTIFICATE NO.CL8544 DATED 12/09/2020 ISSUED IN FAVOUR OF THE PETITIONER.

EXHIBIT P4 A TRUE PHOTOCOPY OF THE RELEVANT PAGES OF THE APPLICATION DATED 20/10/2020 ALONG WITH THE DEMAND DRAFT SUBMITTED BY THE PETITIONER.

EXHIBIT P5 A TRUE PHOTOCOPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P6 A TRUE PHOTOCOPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P7 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 23/11/2020 IN WPC NO.20500 OF 2020.

RESPONDENTS'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE