Palal Mobility Private Limited vs The Union Of India
2022 Latest Caselaw 10436 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                  WP(C) NO. 31497 OF 2022
PETITIONER/S:

          PALAL MOBILITY PRIVATE LIMITED,
          REPRESENTED BY DIRECTOR, GEEVARGHESE VARGHESE,
          48/1786-B, GROUND FLOOR, CHAKKIAPADAM BUILDING,
          NH BYPASS, PONNURUNNI, VYTTILA, KOCHI-682019.
          BY ADV I.DINESH MENON


RESPONDENT/S:

    1     THE UNION OF INDIA,
          REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY
          OF HEAVY INDUSTRIES AND PUBLIC ENTERPRISES, ROOM
          NO.155, UDYOG BHAVAN, NEW DELHI - 110003.
    2     THE SECRETARY, MINISTRY OF ROAD TRANSPORT &
          HIGHWAYS,
          TRANSPORT BHAVAN, NEW DELHI-110001.
    3     THE TRANSPORT COMMISSIONER,
          TRANSPORT COMMISSIONERATE, TRANS BHAVAN,
          VAZHUTHAKKAD, THIRUVANANTHAPURAM -695014.
    4     THE SECRETARY, NATIONAL INFORMATICS CENTRE,
          A BLOCK, LODHI ROAD, CGO COMPLEX, NEW DELHI-
          110003.
    5     THE REGIONAL OFFICER, NATIONAL HIGHWAY AUTHORITY
          OF INDIA, AMBILY ARCADE, SNNRA 1,
          THIRUVANANTHAPURAM-695024.
    6     THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
          REGIONAL TRANSPORT OFFICE, ERNAKULAM, KAKKANAD
          P.O., PIN-682030.
    7     THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,
          REGIONAL TRANSPORT OFFICE, ALAPPUZHA, PIN-
          682030.
                                         -2-
W.P.(C). No. 31497 of 2022



OTHER PRESENT:

               0
               CGC KRISHNA., GP JIMMY GEORGE


        THIS      WRIT       PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION         ON    07.10.2022,     THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                      -3-
W.P.(C). No. 31497 of 2022



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No. 31497 of 2022
                       =============================================================

                   Dated this the 7th day of October, 2022

                                          JUDGMENT

The above writ petition is filed with following prayers:

"(i) issue a writ of mandamus or any other appropriate writs, directions or orders directing the respondents to take a decision on Ext.P-4 request submitted and adopt uniform standard as relating to uploading of owners name and other particulars in the application for registration of vehicle as well as permit rectification or errors so as to enable petitioner [dealer] to improve or upload corrected data to procure subsidy as relating to Electric Scooters as relating vehicle numbers KL 42 T 8199, KL 01 CS 9902, KL 44 G 9214, KL-09 AU 6389, KL 45 V 2296, KL-7 CX 5422.

(ii) issue such other writ direction or order as this Hon'ble Court deem fit and proper."(sic)

2. When this writ petition came up for consideration

the counsel for the petitioner submitted that the petitioner will

W.P.(C). No. 31497 of 2022

be satisfied if a direction is issued to consider Ext.P4 request

within a time frame.

3. Heard Smt.Krishna, C.G.C for respondents 1, 2 and

4, and also the Government Pleader for respondents 3, 6 and 7. I

also heard Adv.Salil Narayanan, the Standing Counsel for the

5th respondent.

4. After hearing both sides, I think the writ petition

itself can be disposed of directing respondents 1 to 5 to consider

Ext.P4 and pass appropriate orders in it, within a time frame.

Therefore, this writ petition is disposed of in the

following manner:

1. Respondents 1 to 5 are directed to consider and pass appropriate orders in Ext.P4, as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of this judgment.

W.P.(C). No. 31497 of 2022

2. The petitioner will produce a copy of this writ petition along with the certified copy of this judgment before respondents 1 to 5 for compliance.

3. After taking final decision in Ext.P4, respondents 1 to 5 will communicate the decision to the petitioner.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

W.P.(C). No. 31497 of 2022

APPENDIX OF WP(C) 31497/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER OF INTENT DATED 3.2.2021.

Exhibit P2 TRUE COPY OF THE BILL DATED 31.8.2021 ON SELLING THE VEHICLE KL 42 T 8199. Exhibit P3 TRUE COPY OF THE REJECTION OF CLAIM.

EXHIBIT P-4, TRUE COPY OF THE REQUEST DATED 9.8.2022.

Exhibit P4 TRUE COPY OF THE CASH RECEIPT DATED 26.4.2022 WHERE AMOUNTS THE MANUFACTURER HAS LOST IS REIMBURSED. Exhibit P5 TRUE COPY OF THE REPLY RECEIVED DATED 06.06.2022.