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High Court of KeralaWP(C)/4004/2015disposed of

P.Moideen v. The Additional Registering Authority

2015-02-12Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 12TH DAY OF FEBRUARY 2015/23RD MAGHA, 1936 WP(C).No. 4004 of 2015 (A) --------------------------------------- PETITIONER(S):

---------------------- P.MOIDEEN, POOVATHINGAL HOUSE, CHERPLASSERY, PALAKKAD.

BY ADV. SRI.SAJEEV KUMAR K.GOPAL RESPONDENT(S):

------------------------- THE ADDITIONAL REGISTERING AUTHORITY OFFICE OF THE REGIONAL TRANSPORT OFFICER OTTAPALAM-679 101.

BY GOVERNMENT PLEADER SRI.R.RENJITH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 4004 of 2015 (A) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1TRUE COPY OF THE SALE CERTIFICATE IN RESPECT OF THE VEHICLE IN FORM-21.

EXT.P2TRUE COPY OF THE TEMPORARY REGISTRATION WAS RENEWED FROM 7.1.2015 AND IS VALID UPTO 6.2.2015.

EXT.P3TRUE COPY OF THE JUDGMENT IN WP(C) 28471 OF 2012 OF THIS HON'BLE COURT DATED 14.12.2012.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 4004 of 2015 ------------------------------------------ Dated this the 12th day of February, 2015

J U D G M E N T

The petitioner claims to have purchased a vehicle, as per Ext.P1, which is a Light Goods Vehicle, which he intends to use as a towing vehicle. The apparatus required for the towing is also said to be now mounted on the vehicle. 2.

The petitioner contends that on his enquiry about the registration formalities, the petitioner was told that there is an impediment insofar as permitting such registration, which would be an alteration of the basic structure of the vehicle.

3.

The learned Government Pleader however submits, on instruction, that the vehicle itself has not been produced, and in such circumstance the Officer is not able to make any statement whether the registration, as sought for by the petitioner, is permissible under law.

W.P.(C) No. 4004/2015 -24.

In any event, since the petitioner submits that he has already made the alteration, definitely he would have to produce the vehicle for inspection. The petitioner shall do that on 19.02.2015, on which date the respondent shall examine the vehicle and decide on the registration and if found to be not permissible, shall record the reasons and communicate such order to the petitioner.

The Writ Petition is disposed of without speaking on the merits of the matter; which the Officer would have to consider in accordance with law.

Sd/- K.VINOD CHANDRAN, JUDGE jjj