K.P.Mahesh vs The Secretary
2021 Latest Caselaw 2834 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

      MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942

                       WP(C).No.22543 OF 2014(P)


PETITIONER:

               K.P.MAHESH
               MAHESH MANDIRAM,
               MARIATHURUTHUP.O., KOTTAYAM.

               BY ADV. SRI.G.PRABHAKARAN

RESPONDENTS:

               THE SECRETARY,
               REGIONAL TRANSPORT AUTHORITY CUM
               REGIONAL TRANSPORT OFFICER,
               KOTTAYAM-686 002.


               SENIOR GOVERNMENT PLEADER SRI.MATHEW GEORGE VADAKKEL

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD         ON
25.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.22543 OF 2014(P)           2




                              JUDGMENT

Dated, this the 25th day of January, 2021

As per Annexure C produced in R.P. No.1008 of 2014, the Certificate of Fitness of the vehicle expired on 23.04.2010 and the permit also expired on 11.08.2014. Hence, when the writ petition was filed, the vehicle having Registration No.KL-35/3802 did not have a Certificate of Fitness nor a valid permit. This Court finds that submissions made in the writ petition are clear abuse of process of Court. The writ petition is dismissed with cost of Rs.10,000/- imposed on the petitioner K.P. Mahesh, Mahesh Mandiram, Mariathuruthu P.O., Kottayam, which shall be paid to the Road Safety Fund, in the head of account "0041-00-800-99(02) other receipts" within one month from the date of receipt of certified copy of the judgment. If the amount is not paid, Revenue Recovery proceedings can be initiated and the Regional Transport Authority could also proceed for cancellation of permit granted to the petitioner, if he is so running a stage carriage as of now.

Sd/-

K.VINOD CHANDRAN, JUDGE sp/27/01/2021 //True Copy//

P.A. To Judge

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REQUEST FILED BY THE PETITIONER BEFORE THE RESPONDENT DATED 21- 04-2014 ON THE ROUTE CHERTHALA-KOTTAYAM WITH KL 35/3802.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 12-06-2014 IN WPC NO.14832/2014