M/S.Ess Ess Agencies vs The Sub Regional Transport ...
2021 Latest Caselaw 3312 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

      FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                      WP(C).No.22782 OF 2020(W)


PETITIONER:

               M/S.ESS ESS AGENCIES,
               209-J,ABC TOWER,KUMARAPURAM.P.O,
               PALLIKKARA,ERNAKULAM DISTRICT,REPRESENTED BY ITS
               MANAGING PARTNER,SHAJI.E.P,S/O.PAREETH,AGED 47 YEARS,
               (OWNER OF LORRIES BEARING REGISTRATION NO.KL-40-P-
               9303,AND KL-40-P-9286)

               BY ADV. SRI.P.M.ZIRAJ

RESPONDENTS:

      1        THE SUB REGIONAL TRANSPORT OFFICER
               PERUMBAVOOR,ERNAKULAM DISTRICT-683542.

      2        THE REGIONAL TRANSPORT OFFICER,
               ERNAKULAM DISTRICT,PIN-683542.

      3        THE TRANSPORT COMMISSIONER,
               DEPARTMENT OF MOTOR VEHICLES,
               STATE OF KERALA,THIRUVANANTHAPURAM-695001.

      4        STATE OF KERALA,
               REPRESENTED BY SECETARY TO GOVERNMENT,
               MOTOR VEHICLE DEPARTMENT,GOVERNMENT OF
               KERALA,GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      5        ADDL.R5. NATIONAL INFORMATION CENTRE (NIC),
               A-BLOCK, LODHI RD., CGO COMPLEX, PRAGATI VIHAR,
               DELHI, PIN - 110 003.
               REPRESENTED BY ITS DIRECTOR GENERAL.

      6        ADDL.R6. MINISTRY OF ROAD TRANSPORT AND HIGHWAYS,
               REPRESENTED BY THE UNDER SECRETARY TO GOVERNMENT, 1,
               SANSAD MARG, GOKUL NAGAR, CONNAUGHT PLACE, DELHI -
               110 001.

               (ADDITIONAL RESPONDENTS ARE IMPLEADED AS PER ORDER
               DATED 07.01.2021 IN I.A.1/2020 IN WP(C)22782/20.)

               R5-6 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
 WP(C).No.22782 OF 2020(W)
                                  2


OTHER PRESENT:

             SR.GP BIMAL K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.22782 OF 2020(W)
                                  3



                            JUDGMENT

Dated this the 29th day of January 2021

The petitioner herein is a carriage operator. The

petitioner approached the first respondent to renew

fitness certificates on 15.10.2020. It was not granted on

the ground that some Check Reports were pending in the

website against the vehicle of the petitioners.

Contending that the mere pendency of Check Report, it

was not a bar to issue of fitness certificate, renew the

fitness certificate, renewal of fitness certificate etc., the

petitioner has approached this Court. Pending the

proceedings, the NIC and the Ministry of Road Transport

and Highways were brought on record.

2. Heard the learned Counsel for the petitioner,

the learned Senior Government Pleader and the learned

Assistant Solicitor General of India.

3. The learned Counsel for the petitioner invited

my attention to Ext.P5 judgment of this Court, which

relied on the Kerala Bus Transporters Association and

another Vs. Transport Commissioner 2013 (1) KLT 440. WP(C).No.22782 OF 2020(W)

Answering this the learned Senior Government Pleader

submitted that, by virtue of the amended Rule 167 of the

Central Motor Vehicle Rules, application for fitness

certificate, application for permit, as well as tax have

been exempted notwithstanding the Check Report. It was

also submitted by the learned Senior Government Pleader

that this exemption will not apply in the case of transfer

of ownership.

4. Having considered this, I am inclined to dispose

of the writ petition directing the first respondent to

consider his application for renewal of fitness certificates

pending as Ext.P6 to Ext.P9, as expeditiously as possible,

at any rate, within a period of one month from the date

of receipt of a copy of this judgment, not withstanding

the Check Reports.

Accordingly, the writ petition is disposed of.

Sd/-

SUNIL THOMAS

JUDGE

SKP/29-1 WP(C).No.22782 OF 2020(W)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF LORRY OF PETITIONER BEARING REGISTRATION NO.KL-40-P-9303

EXHIBIT P2 TRUE COPY OF THE REGISTRATION CERTIFICATE OF LORRY OF PETITIONER BEARING REGISTRATION NO.KL-40-P-9286

EXHIBIT P3 TRUE COPY OF THE RC STATUS OF THE VEHICLE OF PETITIONER BEARING REGISTRATION NO KL- 40-P-9303 DOWNLOADED FROM THE VAHAN WEBSITE WITHOUT DATE

EXHIBIT P4 TRUE COPY OF THE RC STATUS OF THE VEHICLE OF PETITIONER BEARING REGISTRATION NO KL- 40-P-9286 DOWNLOADED FROM THE VAHAN WEBSITE

EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN IDENTICAL MATTER DATED 06.08.2020 IN W.P(C)NO.15355/2020.

EXHIBIT P6 TRUE COPY OF THE APPLICATION FOR FITNESS CERTIFICATE IN CONNECTION WITH VEHICLE BEARING REGISTRATION NO KL-40 P 9303

EXHIBIT P7 TRUE COPY OF THE E FEE RECEEPT DATED 17.9.2020 IN CONNECTION WITH VEHICLE BEARING REGISTRATION NO KL-40 P 9303

EXHIBIT P8 TRUE COPY OF THE APPLICATION FOR FITNESS CERTIFICATE IN CONNECTION WITH VEHICLE BEARING REGISTRATION NO KL 40 P 9286

EXHIBIT P9 TRUE COPY OF THE E FEE RECEIPT DATED 30.11.2020 IN CONNECTION WITH VEHICLE BEARING REGISTRATION NO KL 40 P 9286

RESPONDENTS'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE