Kerala High Court
Ajoy L.S. vs The State Of Kerala on 22 October, 2024
Author: D. K. Singh
Bench: D. K. Singh
2024:KER:78353
WP(C) NO. 36608 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WP(C) NO. 36608 OF 2024
PETITIONER/S:
AJOY L.S. ,
AGED 58 YEARS
S/O. SUKUMARAN NAIR, THIRUVONAM HOUSE, CHENGANNUR,
CHENGANNUR P.O., ALAPPUZHA ., PIN - 689121
BY ADVS.
GEORGE SEBASTIAN
ADITYA T.P.
RESPONDENT/S:
1 THE STATE OF KERALA ,
MOTOR VEHICLES DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM ., PIN - 695001
2 THE TRANSPORT COMMISSIONER,
TRANSPORT COMMISSIONERATE, 2NDFLOOR, TRANS TOWERS,
THYCAUD.P.O., VAZHUTHACAUD, THIRUVANANTHAPURAM ., PIN -
695014
3 THE STATE TRANSPORT AUTHORITY,
REPRESENTED BY THE COMMISSIONER, TRANSPORT
COMMISSIONERATE , 2ND FLOOR, TRANS TOWERS, VAZHUTHACAUD,
THYCAUD P.O.,THIRUVANANTHAPURAM., PIN - 695014
4 THE DEPUTY TRANSPORT COMMISSIONER (SOUTH ZONE),
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WP(C) NO. 36608 OF 2024
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OFFICE OF THE DEPUTY TRANSPORT COMMISSIONER, 8TH FLOOR,
CIVIL STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM., PIN
- 695043
5 THE REGIONAL TRANSPORT OFFICER,
ALAPPUZHA ,RTO OFFICE, CIVIL STATION, PALACE RD, CIVIL
STATION WARD, ALAPPUZHA., PIN - 688001
6 THE REGIONAL TRANSPORT OFFICER,
PATHANAMTHITTA, THE REGIONAL TRANSPORT OFFICE,STADIUMJN,
KAIPATTOOR ROAD, NH 183A, PATHANAMTHITTA ., PIN - 689645
7 THE JOINT REGIONAL TRANSPORT OFFICER,
CHEGANNUR SUB REGIONAL TRANSPORT OFFICES, GROUND FLOOR,
MINI CIVIL STATION, CHENGANNUR ., PIN - 689121
8 THE MOTOR VEHICLE INSPECTOR,
CHENGANNUR, OFFICE OF THE MOTOR VEHICLE INSPECTOR, MINI
CIVIL STATION, CHENGANNUR ., PIN - 698121
9 THE ASSISTANT MOTOR VEHICLE INSPECTOR,
CHENGANNUR, THE ASSISTANT MOTOR VEHICLE INSPECTOR
OFFICE, MINI CIVIL STATION, CHENGANNUR ., PIN - 689121
OTHER PRESENT:
SRI. SREEJITH V.S.-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.10.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 36608 OF 2024
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JUDGMENT
The present writ petition has been filed with the following
prayers:-
"i) To issue a writ of mandamus, order or direction to the
5th respondent to dispose of Ext P9 statutory appeal within
a time frame to be fixed by this Hon'ble court after
affording an opportunity of being heard to the petitioner.
ii) To issue a writ of mandamus, order or direction to the
7th respondent to issue certificate of fitness to the
petitioner's vehicle bearing No. KL 06 H 1026 and to
permit the petitioner to operate the vehicle as per its
permit, without insisting for changing the colour of the
vehicle.
iii) To dispense with the production of English translation
of Vernacular documents.
iv) To grant such other reliefs as this Honorable Court may
deem fit and proper."
The learned counsel for the petitioner submits that the
appeal is pending before the 5th respondent. Therefore, the 5th
respondent is directed to consider and pass the necessary
order in Ext.P9 appeal expeditiously, preferably within two
months, in accordance with law, and the petitioner may be
provided with an opportunity to be heard before taking a final
decision.
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WP(C) NO. 36608 OF 2024
If the petitioner has not remitted the requisite fee, the 5th
respondent may dismiss the appeal as not maintainable.
With the aforesaid direction, the writ petition is disposed
of.
Sd/-
D. K. SINGH
JUDGE
SJ
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WP(C) NO. 36608 OF 2024
APPENDIX OF WP(C) 36608/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF RELEVANT EXTRACT OF THE RC
PARTICULARS OF THE PETITIONER'S VEHICLE
BEARING NO. KL 06 H 1026 DATED 23/3/2015
Exhibit P2 A TRUE COPY OF THE RELEVANT EXTRACT OF THE
PERMIT ISSUED BY THE 6TH RESPONDENT TO THE
PETITIONER'S VEHICLE BEARING NO. KL 06 H 1026
DATED 27/9/2017
Exhibit P3 A TRUE COPY OF THE FORM CFX NOTICE DATED
12.07.2024 UNDER RULE 107 ISSUED BY
THEASSISTANT MOTOR VEHICLE INSPECTOR RTO
ENFORCEMENT ALAPPUZHA BY NAME SREEKUMAR.N.
Exhibit P4 A TRUE COPY OF THE REQUEST DATED 20.07.2024
SUBMITTED BY THE PETITIONER BEFORE THE 7TH
RESPONDENT ALONG WITH THE FEE RECEIPT WITH
ENGLISH TRANSLATION
Exhibit P5 PHOTOGRAPHS OF THE VEHICLE AS ON 20.07.2024
Exhibit P6 PHOTOGRAPH OF THE VEHICLE AFTER PAINTING THE
SAME WITH THE COLOURS MENTIONED IN RC
PARTICULARS
Exhibit P7 A TRUE COPY OF THE FORM CFRR NOTICE ISSUED BY
THE 7TH RESPONDENT DATED 30.07.2024 WITH
ENGLISH TRANSLATION
Exhibit P8 A TRUE COPY OF THE FORM CFRR DATED 01.08.2024
ISSUED BY THE 8TH RESPONDENT WITH ENGLISH
TRANSLATION
Exhibit P9 A TRUE COPY OF THE APPEAL MEMORANDUM DATED
23.09.2024 SUBMITTED BY THE PETITIONER BEFORE
THE 4TH RESPONDENT WITH ENGLISH TRANSLATION
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WP(C) NO. 36608 OF 2024
Exhibit P10 A TRUE COPY OF THE COMMUNICATION DATED
05.10.2024 ISSUED FROM THE OFFICE OF THE 4TH
RESPONDENT TO THE PETITIONER WITH ENGLISH
TRANSLATION
