Kerala High Court
Antony Pynadath vs The Sub Regional Transport ... on 2 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
WP(C) NO. 21271 OF 2021
PETITIONER:
ANTONY PYNADATH
AGED 36 YEARS
S/O.MANI ANTONY, PYNADATH HOUSE, PADUVAPURAM P.O.,
KARUKUTTY VILLAGE, ALUVA TALUK, ERNAKULAM DISTRICT, PIN-
683576.
BY ADVS.
P.M.ZIRAJ
IRFAN ZIRAJ
MOHEMED FAVAS
RESPONDENTS:
1 THE SUB REGIONAL TRANSPORT OFFICER
ANGAMALI, ERNAKULAM DISTRICT-683572.
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 SECRETARY TO GOVERNMENT, MOTOR VEHICLE
DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
5 THE NATIONAL INFORMATION CENTRE (NIC),
A-BLOCK, LODHI ROAD, CGO COMPLEX, PRAGATI VIHAR, NEW DELHI,
DELHI-110003, REPRESENTED BY ITS DIRECTOR GENERAL.
6 MINISTRY OF ROAD TRANSPORT AND HIGHWAYS
REPRESENTED BY UNDER SECRETARY TO GOVERNMENT, GOVERNMENT OF
INDIA, NEW DELHI-110001.
BY SRI.BIMAL K. NATH, SR. GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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W. P. (C) No.21271 of 2021
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Dated this the 2nd day of November, 2021
J U D G M E N T
The writ petition is filed seeking the following
reliefs:-
"For the reasons stated in the above writ petition
and accompanying affidavit it is most humbly
prayed that this Honourable Court may be
pleased to direct the first respondent to renew the
fitness certificate and issue fitness certificate of
vehicles of petitioner bearing registration No.KL-
63-D-6357, KL-42-Q-9528 and KL-45-K-2894
and renew permit, transfer ownership, endorse
hypothecation and receive tax of the vehicle
whenever it required without considering the fact
that check reports are pending against the
vehicles of petitioner till the final disposal of
above writ petition."
2. The petitioner confines the relief to renewal of
permit and fitness. The facilities relating to the same
W. P. (C) No.21271 of 2021
are not being extended to the petitioner for the reason
of pendency of check reports, contends the petitioner.
3. Rule 167(7) of the Central Motor Vehicles Rules
as amended in the year 2020 reads thus:-
"If a challan is due beyond the time period
specified in sub-rule (5), except in case of
offences instituted for prosecution by a court,
then applications with respect to the license of
offender or registration of motor vehicle, as the
case may be, mentioned in the challan shall not
be processed by the licensing authority or
registering authority, as the case may be, except
applications relating to permit, fitness and
tax(es) of motor vehicle.
4. As is evident from the Rules, the pendency of
the check reports/challans cannot be a ground to deny
facilities relating to renewal of fitness and permit.
In the light of the above, the writ petition is
disposed of directing the first respondent to consider
and pass orders on the applications submitted by the
W. P. (C) No.21271 of 2021
petitioner seeking renewal of fitness and permit,
notwithstanding the check reports pending against the
vehicle.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
APPENDIX OF WP(C) 21271/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE VEHICLE HISTORY REPORT OF
THE PETITIONER BEARING REGISTRATION NO.KL-63-
D-6357.
Exhibit P2 TRUE COPY OF THE VEHICLE HISTORY REPORT OF
THE PETITIONER BEARING REGISTRATION NO.KL-42-
Q-9528.
Exhibit P3 TRUE COPY OF THE VEHICLE HISTORY REPORT OF
THE PETITIONER BEARING REGISTRATION NO.KL-45-
K-2894.
Exhibit P4 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE
COURT DATED 06.08.2020 IN WPC NO.15355 OF
2020.
Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE
COURT DATED 29.01.2021 IN WPC NO.22782 OF
2020.
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