Kerala High Court
K.S. Arunkumar vs 1. The Joint Regional Transport ... on 21 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
WP(C) NO. 33556 OF 2022
PETITIONER:
K.S. ARUNKUMAR
AGED 40 YEARS
S/O SUKUMARAN
KARUKUNNATHU HOUSE
KOLAPRA, KUDAYATHOOR P.O
THODUPUZHA, PIN - 685590
BY ADVS.
RENJITH B.MARAR
LAKSHMI.N.KAIMAL
ARUN POOMULLI
PREETHA S CHANDRAN
SURABHI SANTHOSH
RESPONDENTS:
1 THE JOINT REGIONAL TRANSPORT OFFICER,THODUPUZHA
REGIONAL TRANSPORT OFFICE
MINI CIVIL STATION
CIVIL STATION ROAD
THODUPUZHA, PIN - 685584
2 TIMMY MATHEW
S/O MATHEW
PAZHAYIDATHU HOUSE
KUDAYATHOOR, THODUPUZHA, PIN - 685590
SRI.V.K.SUNIL, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 33556 OF 2022
2
JUDGMENT
This writ petition is filed with the following prayers:
(I) Issue a writ in the nature of MANDAMUS, or such
other writ, direction, or order directing the 1 st
Respondent to consider Exhibit P-6 representation
preferred by the Petitioner and pass appropriate
orders in accordance with law, allowing the scrappage
of the Petitioner's vehicle - Mahindra CL550 2WD
model jeep bearing registration number KL 6C 9054.
(ii) Issue a writ of MANDAMUS or such other writ,
direction, or order commanding the 1st respondent to
permit the Petitioner to scrap his vehicle -Mahindra
CL550 2WD model jeep bearing registration number
KL 6C 9054, without insisting for the production of the
original of the Certificate of Registration of the same;
(iii) Dispense with filing of the translation of vernacular
documents
(iv) Pass such other order as this Court may deem fit in
the facts and circumstances of this case.
2. The petitioner is the owner of a Mahindra CL550 2WD
model jeep bearing registration No.KL 6C 9054 purchased in the year
2005. It is the case of the petitioner that the vehicle is now close to
18 years old and he wants to scrap the vehicle. The petitioner
submitted Ext.P6 representation before the 1st respondent. The
prayer in the writ petition is to consider the same.
WP(C) NO. 33556 OF 2022
3. Heard the learned counsel for the petitioner and the
learned Government Pleader who appeared for the 1 st respondent. No
notice is necessary to the 2nd respondent and if the 2nd respondent is
aggrieved by the directions issued by this Court, the 2 nd respondent is
free file a review petition before this Court.
4. After hearing both sides, I think there can be a direction
to consider Ext.P6 within a time frame after giving an opportunity of
hearing to the petitioner and the 2nd respondent.
Therefore this writ petition is disposed of with the following
directions:
1. There will be a direction to the 1st respondent to
consider and pass appropriate orders in Ext.P6 as
expeditiously as possible at any rate within two months from
the date of receipt of a copy of this judgment.
2. While passing final orders, the 1st respondent will give
an opportunity of hearing to the petitioner and the 2nd
respondent.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
nak
WP(C) NO. 33556 OF 2022
APPENDIX OF WP(C) 33556/2022
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE TAXI PERMIT OF THE
PETITIONER'S VEHICLE ISSUED BY THE 1ST
RESPONDENT
Exhibit P-2 TRUE COPY OF THE ORDER DATED 04.02.2008
OF THE MUNSIFFCOURT,THODUPUZHA IN IA NO.
171/2008 IN OS NO. 44/2008
Exhibit P-3 TRUE COPY OF THE JUDGMENT OF THE MUNSIFF
COURT THODUPUZHA IN OS NO. 44/2008 DATED
31.07.2009
Exhibit P-4 TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT IN WP(C) NO. 22881/2008 DATED
01.09.2008
Exhibit P-5 TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT IN WP(C) NO. 22881/2008 DATED
01.03.2012
Exhibit P-6 TRUE COPY OF THE PETITIONER'S
REPRESENTATION BEFORE THE 1ST RESPONDENT
DATED 04.08.2022 ALONGWITH THE TRANSLATED
COPY
Exhibit P-7 TRUE COPY OF THE PHOTOGRAPHS OF THE
PETITIONER'S MAHINDRA JEEP
Exhibit P-8 TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT IN WP(C) NO. 27863/2022 DATED
29.08.2022
