High Court of KeralaWP(C)/14258/2015disposed of

Dr.Thomas v. State Of Kerala

2015-05-12Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 12TH DAY OF MAY 2015/22ND VAISAKHA, 1937 WP(C).No. 14258 of 2015 (F) ---------------------------- PETITIONER :- --------------- DR.THOMAS, CHOVATTUKUNNEL HOUSE, EDAPPADY.P.O, PALA.

BY ADV. SRI.I.DINESH MENON RESPONDENTS :- ---------------

1. THE GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695001.

2. THE TRANSPORT COMMISSIONER KERALA, TRANS TOWERS, VAZHUTHAKKD, THIRUVANANTHAPURAM-695014.

3. THE ADDITIONAL REGISTERING AUTHORITY, PALA-686575.

BY GOVERNMENT PLEADER SRI.MOHAMED SAVAD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

jvt

WP(C).No. 14258 of 2015 (F) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- EXT.P1 TRUE COPY OF THE PURCHASE INVOICE DATED 24.12.2014. EXT.P2 TRUE COPY OF THE SALES CERTIFICATE DATED 24.12.2014. EXT.P3 TRUE COPY OF THE TEMPORARY REGISTRATION DATED 26.12.2014. EXT.P4 TRUE COPY OF THE REQUEST DATED 7.3.2015. RESPONDENT(S)' EXHIBITS :- NIL ------------------------------- //TRUE COPY// P.A. TO JUDGE

A. MUHAMED MUSTAQUE, J.

------------------------------------------ W.P.(C) No.14258 of 2015 ------------------------------------- Dated this the 12th day of May 2015

J U D G M E N T

The petitioner has approached the first respondent by submitting Ext.P4 request seeking an exemption in terms of Rule 334 of the Kerala Motor Vehicles Rules.

Considering the pendency of the said request, there shall be a direction to the first respondent to consider the said request submitted by the petitioner, after notice to the petitioner, within a period of two months from the date of receipt of a copy of this judgment. There shall be a further direction to the 3rd respondent to register the petitioner's vehicle, Mahindra Genio Double Cab VX 2WD 3200 mm WD as 'goods vehicle', provisionally, without insisting to paint the vehicle in highway yellow colour as provided under Rule 304 of the KMV Rules, subject to outcome of final decision in Ext.P4 request. However, the petitioner shall pay the tax that would applicable to the 'goods carriage vehicle'.

This writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE J UDGE Jvt