George Valsan Mon vs The Joint Regional Transport ...
2021 Latest Caselaw 22953 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE SATHISH NINAN
   TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
                        WP(C) NO. 25586 OF 2021
PETITIONER:

          GEORGE VALSAN MON,AGED 48 YEARS,S/O GEORGE,
          KARIMAMKULAM HOUSE, PARIYARAM, VETTILAPPARA P.O,
          THRISSUR-680721.

          BY ADVS.
          P.DEEPAK
          NAZRIN BANU



RESPONDENT:

          THE JOINT REGIONAL TRANSPORT OFFICER
          SUB REGIONAL TRANSPORT OFFICE, CHALAKUDY,
          THRISSUR DISTRICT-680307.

          SR. GP SMT. SHEEJA C.S


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) NO.25586 OF 2021
                                   2



                                JUDGMENT

The vehicle bearing Registration No.KL-32-M-7870

was purchased by the petitioner on 12.10.2021. The

vehicle was originally registered as a 'contract

carriage'. The petitioner does not intend to use the

vehicle as a 'contract carriage'. Seeking

cancellation of the endorsement in the certificate

of registration regarding class of vehicle as

'contract carriage' and for a fresh endorsement as

'omnibus for personal use'. The petitioner has

submitted Ext P4 representation before the

respondent in the said regard. The petitioner relies

on the judgment of this Court in Jagan Thomas v. State of

Kerala and others (2012(2) KLT 365) to contend that the

change of classification of the vehicle, as sought

for, is permissible. He seeks for an expeditious

consideration of Ext P4 representation.

2. Heard.

Without expressing anything on the merits, the

writ petition is disposed of directing the W.P(C) NO.25586 OF 2021

respondent to consider Ext P4 representation in

accordance with law and pass appropriate orders, as

expeditiously as possible and at any rate within a

period of one month from the date of receipt of a

copy of this judgment.

Sd/-

SATHISH NINAN JUDGE vdv W.P(C) NO.25586 OF 2021

APPENDIX OF WP(C) 25586/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE NO. KL-32-M- 7870 ISSUED IN THE NAME OF THE PETITIONER.

Exhibit P2 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF VEHICLE NO.KL-32-M- 7870 ISSUED IN THE NAME OF SRI.JAYAN.

Exhibit P3 A TRUE COPY OF THE CONTRACT CARRIAGE PERMIT ISSUED TO VEHICLE NO.KL-32-M- 7870.

Exhibit P4 A TRUE COPY OF THE REPRESENTATION DATED 01.11.2021 ADDRESSED TO THE RESPONDENT.

Exhibit P5 A TRUE COPY OF THE JUDGMENT REPORTED IN 2012(2) K.L.T.365.

Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 11.01.2011 IN WRIT APPEAL NIO.27 OF 2011.

Exhibit P7 A TRUE COPY OF THE DRAFT NOTIFICATION DATED 04.06.2021 ISSUED UNDER SECTION 41(4) OF THE MOTOR VEHICLES ACT 1988.

Exhibit P8 A TRUE COPY OF THE SCHEDULE TO THE KERALA MOTOR VEHICLES TAXATION ACT,1976 (RELEVANT EXTRACT ONLY).