Kerala High Court
Arun Nath vs The Regional Transport Officer on 6 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
WP(C) NO. 487 OF 2023
PETITIONER:
ARUN NATH
AGED 48 YEARS
SON OF NALLANATHAN, KAITHAKKATT HOUSE,
EDAVILANGU P.O., KODUNGALLUR, THRISSUR.,
PIN - 680 671
BY ADV RENU B RAJ.
RESPONDENT:
THE REGIONAL TRANSPORT OFFICER
REGIONAL TRANSPORT OFFICE, CIVIL STATION P.O.,
THRISSUR., PIN - 680 003
OTHER PRESENT:
SRI.JIMMY GEORGE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No. 487 of 2023 2
P.V.KUNHIKRISHNAN, J
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WP(C) No. 487 of 2023
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Dated this the 6th day of January, 2023
JUDGMENT
The above writ petition is filed with the following prayers:-
i. Issue a writ of mandamus or such other writs, order or
direction, directing the respondent to accept Ext.P4
application for renewal of fitness certificate and inspect the
vehicle KL-47/D-47, within a time frame as this Hon'ble
Court may deem fit and proper
ii. Issue a writ of mandamus or such other writs, order or
direction, directing the respondent to inspect the vehicle
KL-47/D-47, for the purpose of renewal of Fitness Certificate;
iii. Dispense with the production of translation of vernacular
documents;
iv. To grant such other relief's as this Honourable Court may
deem fit and proper.
2. The petitioner is the owner in possession of stage carriage vehicle
bearing registration No. KL-47/D-47. The said vehicle is covered with valid
regular permit on the route Guruvayoor- Chottanikkara and the permit is valid
till 15.02.2023. The permit stands in the name of the predecessor in interest of
the petitioner. The petitioner submits that an agreement was entered into
between petitioner as well as the registered owner of the vehicle on 02.01.2020.
The petitioner also submits that due to the dispute between the petitioner as well
as the registered owner, the transfer proceedings are yet to complete. According
to the petitioner, as per Section 2[30] of the Kerala Motor Vehicles Act, the
owner is defined and the same, include the person in legal possession.
Therefore, the petitioner submitted Ext.P4 application for renewal of fitness
certificate and the grievance of the petitioner is that, the same is not considered.
Hence, this writ petition is filed.
3. Heard the learned counsel for the petitioner and the learned
Government Pleader.
4. After hearing both sides, I am of the considered opinion that, there
can be a direction to consider Ext.P4 application for renewal of fitness
certificate within a time frame.
5. Therefore, this writ petition is disposed of directing the respondent
to accept Ext.P4 application for renewal of fitness certificate and inspect vehicle
bearing registration No. KL-47/D-47, as expeditiously as possible, at any rate,
within one month from the date of receipt of a copy of this judgment. Till such
time the status quo as on today will continue.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
AMR
APPENDIX OF WP(C) 487/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE REGULAR PERMIT ISSUED TO
THE PETITIONER DATED NIL.
Exhibit P2 TRUE COPY OF THE AGREEMENT OF SALE DATED
02.01.2020 WITH ENGLISH TRANSALATION.
Exhibit P3 TRUE COPY OF THE DETAILS REGARDING FITNESS
CERTIFICATE OF VEHICLE KL-47/D-47 OBTAINED
FROM SITE.
Exhibit P4 TRUE COPY OF APPLICATION FOR RENEWAL OF
FITNESS CERTIFICATE DATED 30.12.2022.
Exhibit5 P5 TRUE COPY OF THE JUDGMENT IN WP[C]
NO.57/2023 DATED 03.01.2023.
