High Court of KeralaWP(C)/6580/2015disposed of

Aliyar v. Regional Transport Officer

2015-03-06Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 6TH DAY OF MARCH 2015/15TH PHALGUNA, 1936 WP(C).No. 6580 of 2015 (V) --------------------------- PETITIONER(S):

-------------------------- ALIYAR, ERUPPAKOTTIL HOUSE, PERINGALA, KUNNATHUNAD, PERUMBAVOOR.

BY ADV. SRI.I.DINESH MENON.

RESPONDENT(S):

----------------------------

1. THE REGIONAL TRANSPORT OFFICER, PERUMBAVOOR-683 542.

2. THE MOTOR VEHICLES INSPECTOR, SUB REGIONAL TRANSPORT OFFICE, PERUMBAVOOR-683 542.

BY GOVERNMENT PLEADER SRI.R. RANJITH.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 6580 of 2015 (V) APPENDIX PETITIONER'S EXHIBITS:

EXT P1 : TRUE COPY OF THE RC BOOK OF THE VEHICLE KL-7 AJ 9478. EXT P2 : TRUE COPY OF THE PERMIT OF THE VEHICLE KL-7 AJ 9478. EXT P3 : TRUE COPY OF THE FITNESS CERTIFICATE OF KL-7 AJ 9478. EXT P4 : TRUE COPY OF THE APPLICATION FOR FITNESS CERTIFICATE DATED 16-12-2014.

RESPONDENT'S EXHIBITS:

NIL.

//TRUE COPY// P.A. TO JUDGE rs.

K.VINOD CHANDRAN, J - - - - - - - - - - - - - - - - - - - - W.P.(C).No. 6580 of 2015 - - - - - - - - - - - - - - - - Dated 6th March, 2015 - - - - - - - - - - - - - - - - - - - - - - - -

JUDGMENT

The contention of the petitioner is that Ext.P4 application filed for renewal of certificate of fitness of a vehicle having registration No.KL-7 AJ 9478 was returned without consideration. The endorsement shows that the Department wanted to verify the chassis number and engine number.

2. If such verification is found necessary, same should be done and orders passed in the certificate of fitness. If at all there is any change in the engine and chassis number, then appropriate proceedings have to be taken under the Kerala Motor Vehicles Act, 1988 (for short 'the Act'). However, there can be no return of the application and the authority is bound to consider the same and pass orders in accordance with the provisions of the Act. If the petitioner produces the vehicle along with the application same shall be considered in

WP(C).23388/13 accordance with law. Orders on the application shall be passed at any rate within one week from the date of production of the vehicle and filing of the application.

Writ petition disposed of.

Sd/- K.VINOD CHANDRAN Judge Mrcs //True Copy//