Kerala High Court
Secure Value India Limited vs State Of Kerala on 11 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
WP(C) NO. 19519 OF 2022
PETITIONER:
SECURE VALUE INDIA LIMITED
REPRESENTED BY ITS MANAGER,
NEDUPUZHA POLICE STATION ROAD,
KOORKKANCHERRY, THRISSUR - 680007.
BY ADVS.
LINDONS C.DAVIS
E.U.DHANYA
SWATHY A.P.
RAJITH DAVIS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
MOTOR VEHICLES DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2 DEPUTY TRANSPORT COMMISSIONER (CENTRAL ZONE),
CIVIL STATION, AYYANTHOLE, THRISSUR-680003.
3 REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT OFFICE,
CIVIL STATION, AYYANTHOLE, THRISSUR-680003.
4 DEPUTY SUPERINTENDENT OF POLICE,
VIGILANCE & ANTI-CORRUPTION BUREAU, NAIKANAL,
THIRUVAMBADY.P.O, THRISSUR-680022.
SRI.JIMMY GEORGE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.19519/2022 2
JUDGMENT
Ext.P14 order dated 15.03.2022 of the Regional Transport
Officer, intimating the petitioner refusing to update the vehicles
mentioned therein on the Parivahan site on account of the
communication/objection received from the Deputy Superintendent
of Police and Anti Corruption Bureau that some legal impediments
are pending against the RTO, is under challenge in this writ petition
filed with the following prayers :
"i) to issue a writ of mandamus or any other appropriate writ,
order or direction, directing the 3 rd respondent to update the
validity of fitness of the petitioner's vehicles for two years from
the date of registration in Parivahan website and to enable the
petitioner to renew the fitness after that period by submitting
application and taking necessary vehicle tests ;
ii) to issue a writ of mandamus or any other appropriate writ,
order or direction, directing the 3rd respondent to consider and
pass orders on online applications submitted for the certificate
of fitness to the petitioner's vehicles at the time of
registration ;
iii) to issue a writ of certiorari or any other appropriate writ, order
or direction, quashing Ext.P14 as unjust and illegal ; and
iv) to declare that the 4th respondent has no authority to restrict
the issuance of certificate of fitness of the petitioner's vehicles
for the reason of pendency of inquiry/investigation against the
officers in the office of the 3rd respondent."
2. Petitioner is a Company providing services for ATM cash
replenishment for Banks and other cash management services. In
this regard, they purchased certain vehicles, the details of which
have been given in paragraph 1 of the Writ Petition as per the
certificate of registration, Exts.P1 to P6. The vehicles are stated to
be new and registration was taken at the office of the Regional
Transport Officer, Civil Station, Ayyanthole, Thrissur - the 3rd
respondent - on 27.04.2019 and others on 29.04.2019. All the
documents were submitted. But, the Parivahan App did not reflect
the fitness validity which is to be valid for a period of two years and
later on, it came to the knowledge of the petitioner that a vigilance
case is registered against the RTO. It is contended that neither the
petitioner is named in the complaint in respect of vigilance enquiry
being conducted against the RTO nor is the accused. The period of
fitness of the vehicle is already over and the petitioner in the
absence of upgradation of the Parivahan site cannot produce the
vehicles for further fitness. The communication Ext.P14 cannot be a
ground to sustain the objections of the respondent by taking the
aid of the letter of the Deputy Superintendent of Police with regard
to the pendency of the vigilance case against the RTO.
3. Mr.Jimmy George, learned Government Pleader
submitted that the actual reasons for not updating the fitness
certificates of the vehicles are that the vehicles are open and the
same do not conform to the requirement of the Motor Vehicle Act,
but, those reasons though have not been assigned in Ext.P14, the
respondents will not be averse in calling upon the petitioner by
affording an opportunity of hearing and on deliberation of the issue,
will pass an order either in favour or against the petitioner.
4. I have heard the learned counsel for the parties and
appraised the paper book.
5. The contents of Ext.P14 letter reads as under:
"R12/01/2022/RT Regional Transport Office
Civil Station, Ayyanthole
Thrissur - 680003.
Date 15/03/2022
From
The Regional Transport Officer
Regional Transport Office, Thrissur
To
The Manager
Secure Value India Ltd.
Nedupuzha Police Station Road
koorkkancheri, Thrissur.
Sir,
Sub : Motor Vehicle Department - KL-08-BS-8684,
KL-08-BS-8697, KL-08-BS-8693, KL-08-BS-
8691, KL-08-BS-8690, KL-08-BS-8679, KL-
08-BS-8667 (cash van) Regarding the Legal
impediment of updating the CF validity of
vehicles.
Ref: 1. Your application dated 15.02.2020.
2. Letter No.VC 05/2021/TST dated
07.03.2022 of Deputy Superintendent of
Police, Vigilance and Anti Corruption
Bureau
.......
Inviting attention to the reference. We have
received a letter from the Deputy Superintendent
of Police and Anti-Corruption Bureau, Thrissur,
stating that there is a legal impediment to update
the validity of the vehicles (KL-08-BS-8684, KL-
08-BS-8697, KL-08-BS-8693, KL-08-BS-8691, KL-
08-BS-8690, KL-08-BS-8679, KL-08-BS-8667) for
which you have requested an update. So it is
informing you that the CF validity of the vehicles
will be updated upon resolving its legal
impediments.
Yous faithfully,
Sd/-Regional Transport Officer
Thrissur"
This cannot be a ground for non consideration of the request of the
petitioner for upgrading in the Parivahan site or non inspection of
the vehicles for issuance of further fitness certificates for the period
prescribed under the Act. Since the respondents have undertaken
to afford an opportunity of hearing, I dispose of the writ petition by
directing the Regional Transport Officer, Thrissur to afford an
opportunity of hearing to the petitioner in respect of the vehicles
mentioned in Ext.P14 for upgradation in the site and for further
issuance of the fitness certificates in accordance with law.
Petitioner is at liberty to refer the provisions of the Act or any other
judgments or documents in support thereof before that authority
and only thereafter the order should be passed. Let this exercise
be undertaken within a period of 45 (forty five) days from the date
of receipt of a certified copy of this judgment.
Sd/- AMIT RAWAL
JUDGE
csl
APPENDIX OF WP(C) 19519/2022
PETITIONER'S EXHIBITS
Exhibit P1 A COPY OF THE CERTIFICATE OF REGISTRATION
IN VEHICLE NO.KL-08-BS-8684.
Exhibit P2 A COPY OF THE CERTIFICATE OF REGISTRATION
IN VEHICLE NO.KL-08-BS-8697.
Exhibit P3 A COPY OF THE CERTIFICATE OF REGISTRATION
IN VEHICLE NO.KL-08-BS-8693.
Exhibit P4 A COPY OF THE CERTIFICATE OF REGISTRATION
IN VEHICLE NO.KL-08-BS-8691.
Exhibit P5 A COPY OF THE CERTIFICATE OF REGISTRATION
IN VEHICLE NO.KL-08-BS-8690.
Exhibit P6 A COPY OF THE CERTIFICATE OF REGISTRATION
IN VEHICLE NO.KL-08-BS-8679.
Exhibit P7 A COPY OF THE PRINT OUT OF RELEVANT PAGE
OF PARIVAHAN APP WITH RESPECT TO VEHICLE
NO.KL-08-BS-8684.
Exhibit P8 A COPY OF THE PRINT OUT OF RELEVANT PAGE
OF PARIVAHAN APP WITH RESPECT TO VEHICLE
NO.KL-08-BS-8697.
Exhibit P9 A COPY OF THE PRINT OUT OF RELEVANT PAGE
OF PARIVAHAN APP WITH RESPECT TO NO.KL-
08-BS-8693.
Exhibit P10 A COPY OF THE PRINT OUT OF RELEVANT PAGE
OF PARIVAHAHAN APP WITH RESPECT TO
VEHICLE NO.KL-08-BS-8691.
Exhibit P11 A COPY OF THE PRINT OUT OF RELEVANT PAGE
OF PARIVAHAN APP WITH RESPECT TO VEHICLE
NO.KL-08-BS-8690.
Exhibit P12 A COPY OF THE PRINT OUT OF RELEVANT PAGE
OF PARIVAHAN APP WITH RESPECT TO VEHICLE
NO.KL-08-BS-8679.
Exhibit P13 A COPY OF THE REPRESENTATION DATED
15.02.2022 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT WITH
TRANSLATION.
Exhibit P14 TRUE COPY OF THE LETTER NO.R12/01/2022/RT
DATED 15.03.2022 WITH TRANSLATION.
