K. N. Venugopalan vs The Secretary
2023 Latest Caselaw 10840 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
            THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
                                       &
                    THE HONOURABLE MR.JUSTICE V.G.ARUN
    THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                            WA NO. 1832 OF 2023
 AGAINST THE ORDER/JUDGMENT in WP(C) 31679/2023 OF HIGH COURT OF
                                     KERALA
APPELLANT/PETITIONER IN WPC:

             K. N. VENUGOPALAN
             AGED 52 YEARS
             S/O NANDAKUMARAN, KANNANCHEDATHU HOUSE, P.O.
             CHERUVALLORE, KORATTY, THRISSUR, PIN - 680308
             BY ADVS.
             P.DEEPAK
             NAZRIN BANU


RESPONDENTS/RESPONDENTS IN THE WP(C):

    1        THE SECRETARY
             TRANSPORT (B) DEPARTMENT, GOVERNMENT OF KERALA,
             THIRUVANANTHAPURAM, PIN - 695001
    2        REGIONAL TRANSPORT AUTHORITY
             THRISSUR, REPRESENTED BY ITS SECRETARY, CIVIL STATION,
             AYYANTHOLE PO, THRISSUR, PIN - 680003
    3        SECRETARY
             REGIONAL TRANSPORT AUTHORITY, THRISSUR, CIVIL STATION,
             AYYANTHOLE PO, THRISSUR, PIN - 680003

OTHER PRESENT:

             SR.GP.T.K.VIPINDAS


     THIS    WRIT      APPEAL   HAVING     COME   UP    FOR    ADMISSION    ON
19.10.2023,      THE    COURT   ON     THE    SAME     DAY    DELIVERED    THE
FOLLOWING:
 W.A.No.1832 of 2023                        2


                              A. J. Desai, C.J.
                                        &
                               V.G. Arun, J.
                =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                           W.A. No.1832 of 2023
                  ---------------------------------------------
                Dated this the 19th day of October 2023


                                    JUDGMENT

A.J. Desai, C.J.

By way of the present appeal filed under Section 5 of the Kerala

High Court Act, 1958, the writ petitioner has impugned the judgment of

the learned Single Judge dated 27/09/2023, dismissing the writ petition.

In the writ petition the appellant/petitioner seeks the following relief;

"Issue a writ in the nature of mandamus or such other

writ, order or direction commanding the 1 st respondent to

consider and pass orders on Ext.P5 representation filed by the

petitioner under Rule 334 of the Kerala Motor Vehicle Rules,

1989, seeking exemption from the application of Rule 260A of

the Kerala Motor Vehicles Rules, 1989, thereby permitting the

petitioner to operate his vehicle bearing registration number

KL 08 Y 6397 at least until the expiry of Exhibit P3 certificate

of fitness issued to his vehicle, which falls on 16/03/2024, with

notice and opportunity of being heard to the petitioner."

2.However, the learned Single Judge, instead of granting

exemption, has decided that the vehicle cannot ply beyond a period of

20 years, in view of Rule 260A of the Kerala Motor Vehicles Rules, 1989.

In this appeal and also before this Court the only prayer made on behalf

of the appellants is to direct the respondents concerned to consider

Ext.P5 i.e. an application filed under Rule 334 of the Kerala Motor Vehicle

Rules,1989 to grant exemption with regard to the applicability of Rule

260A of the Kerala Motor Vehicles Rules, 1989. It is submitted that the

authority concerned has power under Rule 334 to grant exemption.

Having heard the learned Advocate appearing for the appellant and

the learned Government Pleader for the respondents, we dispose of the

writ appeal with a direction to the respondent authority concerned to

consider Ext.P5 representation/application dated 09/08/2023 as early as

possible, at any rate, within a period of four weeks from today. Till such

representation/application is decided, the appellant may be permitted to

ply the vehicle, abiding the relevant provisions and rules.

Sd/-

A. J. Desai Chief Justice Sd/-

V.G. Arun Judge dpk