Sirajudheen K.K vs The Sub Regional Transport ...
2022 Latest Caselaw 7560 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
        FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                       WP(C) NO. 20620 OF 2022
PETITIONER:

           SIRAJUDHEEN K. K.
           AGED 36 YEARS
           S/O. KHALID,
           KALATHIL KADAKKARAPPALLY P. O.,
           KADAKKARAPPALLY VILLAGE,
           CHERTHALA TALUK, ALAPPUZHA DISTRICT,
           PIN - 688 529.

           BY ADV SRI. SHANAVAZ P.A.


RESPONDENTS:

    1      THE SUB REGIONAL TRANSPORT OFFICER
           FIRST FLOOR, MINI CIVIL STATION,
           KODATHIKAVALA, CHERTHALA,
           ALAPPUZHA DISTRICT - 688 524.
    2      THE REGIONAL TRANSPORT OFFICER
           CIVIL STATION, PALACE ROAD,
           ALAPPUZHA - 688 001.
    3      THE TRANSPORT COMMISSIONER
           DEPARTMENT OF MOTOR VEHICLES,
           STATE OF KERALA,
           THIRUVANANTHAPURAM - 695 001.
    4      STATE OF KERALA
           REPRESENTED BY SECRETARY TO GOVERNMENT,
           MOTOR VEHICLE DEPARTMENT, GOVERNMENT OF KERALA,
           GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM - 695 001.

           SRI. JIMMY GEORGE - GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.20620 OF 2022

                                 2




                            JUDGMENT

The grievance of the petitioner is that an

application for renewal of fitness certificate in

connection with his vehicle bearing Registration

No.KL-08-AP-8605 is not considered by the 1st

respondent due to pendency of check reports.

2. This Court in the decision reported in State

of Kerala V. Varghese [2017 (3) KLT 744] has held

that mere pendency of check report is not a reason

to refuse the renewal of permit.

3. In the light of the dictum laid down in the

said decision, there will be a direction to the 1st

respondent to accept the application for renewal of

fitness in connection with the petitioner's vehicle

bearing Registration No.KL-08-AP-8605 and consider

the same, de hors the check report. This shall be WP(C).No.20620 OF 2022

done within a period of two months from the date of

receipt of the application to be submitted by the

petitioner.

The writ petition is disposed of with the above

direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SPR WP(C).No.20620 OF 2022

APPENDIX

PETITIONER EXHIBITS:-

EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF TIPPER LORRY WITH REGISTRATION NO.KL-08-AP-8605. EXHIBIT P2 TRUE COPY OF FITNESS CERTIFICATE THAT EXPIRED ON 11/03/2022.

EXHIBIT P3 TRUE COPY OF RC DETAILS INDICATING BLACKLIST OF THE VEHICLE.

RESPONDENTS EXHIBITS: NIL.