Sunny Augustine v. The Secretary, Regional Transport Authority

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 9TH DAY OF APRIL 2015/19TH CHAITHRA, 1937 WP(C).No. 9898 of 2015 (J) --------------------------- PETITIONER:

----------------------- SUNNY AUGUSTINE, S/O. AUGUSTINE, NATTUNILATHU, MANNAMKANDAM P.O., 200 ACRE, IDUKKI.

BY ADV. SRI.G.PRABHAKARAN RESPONDENT:

-------------------------- THE SECRETARY, REGIONAL TRANSPORT AUTHORITY CUM, REGIONAL TRANSPORT OFFICER, IDUKKI-685 602.

BY GOVERNMENT PLEADER SRI.R.RANJITH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 9898 of 2015 (J) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1TRUE COPY OF THE PERMIT WITH ITS NO. P.ST. 200/2/2002 DATED 13-11-2009.

EXHIBIT P2TRUE COPY OF THE JUDGMENT DATED 26-11-2014 IN WPC NO. 31515/2014.

EXHIBIT P3- TRUE COPY OF THE REPLACEMENT APPLICATION DATED 20-3-2015. EXHIBIT P4TRUE COPY OF THE CHELAN RECEIPT DATED 20-3-2015. EXHIBIT P5TRUE COPY TEMPORARY REGISTRATION MARK NO. KL-05/AA TEMP 9936 DATED 20-2-2015.

EXHIBIT P6- TRUE COPY OF THE REQUEST FILED BY THE PETITIONER BEFORE THE RESPONDENT DATED 25-3-2015.

RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.9898 of 2015 - J ====================== Dated this the 9th day of April, 2015

J U D G M E N T

The petitioner had obtained Clearance Certificate in a regular permit and contends that, he had produced the current records of the new vehicle as per Ext.P3 dated 20.03.2015. The learned Government Pleader on instruction submits that, the current records of the vehicle have not been produced and what is produced along with Ext.P3 is Ext.P5, which is only a temporary certificate of registration of the chassis and even the body is not built as of now. The current records specified in the Motor Vehicles Act, 1988 has to be understood to be the current records of the vehicle which is fit to be run on the roads. Herein admittedly, even now the body building is not completed. In such circumstance, there can be no direction issued as of

W.P.(C) No.9898 of 2015 - J now. However, the petitioner would have his remedies left to produce the current records of the vehicle and take appropriate proceedings.

The writ petition would stand closed with liberty. Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge