Hariz vs The Secretary
2023 Latest Caselaw 5258 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
     THURSDAY, THE 20TH DAY OF APRIL 2023 / 30TH CHAITHRA, 1945
                         WP(C) NO. 14207 OF 2023
PETITIONER:

              HARIZ
              AGED 44 YEARS
              S/O PAREED KUNJU KANNAGEZHAM, KURAVANTHODE VANDANAM,
              AMBALAPUZHA, PIN - 688005

              BY ADV K.V.GOPINATHAN NAIR



RESPONDENTS:

     1        THE SECRETARY
              REGIONAL TRANSPORT AUTHORITY (REGIONAL TRANSPORT OFFICER)
              ALAPPUZHA, CIVIL STATION, PALACE RD, CIVIL STATION WARD,
              ALAPPUZHA, PIN - 688001

     2        JOINT REGIONAL TRANSPORT OFFICER
              SUB REGIONAL TRANSPORT OFFICE KONDOTTY, MALAPPURAM CIVIL
              STATION RD, UP HILL, MALAPPURAM, PIN - 676505

              SC - SRI MADHU RADHAKRISHNAN


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.14207 of 2023                      2

                    VIJU ABRAHAM,J
               -----------------------
              W.P.(C).No.14207 of 2023
          ---------------------------------
        Dated this the 20th day of April, 2023

                                JUDGMENT

Petitioner contend that only for the reason

that Ext.P3 fitness certificate of the vehicle is

not been uploaded in the 'parivahan' site, the

petitioner is prevented from operating stage

carriage, KL-10-AC 9496.

2. Instruction was sought, and the learned

Government Pleader, upon instructions submitted

that as per Order No.KL23041166075139 dated

11.4.2023 the fitness certificate granted to the

petitioner has been cancelled for the reason that

the chassis of the vehicle is unauthorisedly

extended at the rear and colour of the body of the

vehicle is not in prescribed manner and the said

order has been orally interacted to the petitioner

and the same has been dispatched to the petitioner

also. Though the respondents cannot take a stand

that the petitioner cannot operate the said vehicle

for the reason that the fitness certificate is not

uploaded in the 'parivahan' site, in view of the

subsequent development of passing an order dated

11.4.2023 cancelling the fitness certificate, no

relief can be granted to the petitioner in this

writ petition. Granting liberty to the petitioner

to challenge the subsequent order dated 11.4.2023

in appropriate proceedings, writ petition is

closed.

sd/-

VIJU ABRAHAM, JUDGE

pm

APPENDIX OF WP(C) 14207/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REGISTRATION PARTICULARS OF KL 1 0/AC 9496

Exhibit P2 TRUE COPY OF THE REGULAR PERMIT IN RESPECT OF KL 10/AC 9496 VALID TILL 28.5.2023 DATED 5.4.2022

Exhibit P3 TRUE COPY OF THE CERTIFICATE OF FITNESS VALID UP TO 2.4.2024 DATED 3.2.2023

Exhibit P4 TRUE COPY OF THE DETAILS OF THE VEHICLES OBTAINED FROM THE PARIVAHAN SITE DATED NIL