High Court of KeralaWP(C)/23617/2015disposed of

Praveen v. The Regional Transport Officer

2015-09-14Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 14TH DAY OF SEPTEMBER 2015/23RD BHADRA, 1937 WP(C).No. 23617 of 2015 (B) ---------------------------------------- PETITIONER:

-------------------------- PRAVEEN S/O.ARUMUKAN, RESIDING AT NAGESWARAM KALLANKATTUPARAMBU, KUZHALMANNAM, PALAKKAD - 678 702.

BY ADV. SRI.P.R.VENKETESH RESPONDENTS:

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

1. THE REGIONAL TRANSPORT OFFICER PALAKKAD - 678 001.

2. SUB REGIONAL TRANSPORT OFFICER, ALATHUR PALAKKAD - 678 541.

BY GOVERNMENT PLEADER SMT. SANJEETHA K.A.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 23617 of 2015 (B) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1:

TRUE COPY OF THE CERTIFICATE OF REGISTRATION KL-50-7662

IN THE NAME OF THE PETITIONER

EXT.P-2:

TRUE COPY OF THE INVOICE ISSUED BY THE GREENFIELD EQUIPMENT TO THE PETITIONER DATED 2.3.2015 EXT.P-3:

TRUE COPY OF THE COMMUNICATION DATED 25.9.2007 ISSUED BY THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM TO ALL THE DEPUTY TRANSPORT COMMISSIONERS & REGIONAL TRANSPORT OFFICERS EXT.P-4:

PHOTOGRAPH SHOWING THE VEHICLES EXT.P-5:

TRUE COPY OF SUCH A CERTIFICATE BEARING REGISTRATION NO.TN 38 B10028 ISSUED BY THE ASST. REGISTERING AUTHORITY. EXT.P-6:

TRUE COPY OF THE DETAILS OF THE VEHICLE ISSUED BY THE CENTRAL FARM MACHINERY TRAINING & TESTING INSTITUTE. EXT.P-7:

TRUE COPY OF THE CERTIFICATE OF REGISTRATION NO. KL-09X-6337 RESPONDENT(S)' ANNEXURES:- -------------------------------------------- ANNEXURE -R1(a):

COPY OF THE PHOTOGRAPH OF THE ORIGINAL VEHICLE ANNEXURE -R1(b):

COPY OF THE JUDGMENT IN W.P.(C). NO. 13443/2014 /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 23617 OF 2015 ---------------------------------------- Dated this the 14th day of September, 2015

JUDGMENT

The petitioner is yet to file a proper application for change in the certificate of registration of the vehicle. The petitioner wants the entry 'Tractor' in the registration certificate to be changed as 'Tractor mounted with Harvester'. 2.

The petitioner relies on Ext. P7 certificate in relation to a 'Tractor mounted Harvester' bearing Registration No.KL-09-X-6337. The petitioner also relies on Ext. P3 communication dated 25.09.2007 from the Transport Commissionerate. The Government Pleader points out that Ext. P3 was issued on the basis of a certificate issued by the Central Farm Machinery Training and Testing Institute, Budni, Madhyapradesh whereas there is no such certificate in the present case. The Government Pleader also contends that the alteration as sought offends Section 52 of the Motor Vehicles Act. Reliance is placed on the judgment dated 24.06.2014 in W.P.(C). No. 13443/2014.

Any application for change in the certificate of registration made by the petitioner within one month from

W.P.(C). NO. 23617 OF 2015 2 today shall be dealt with by the second respondent within a period of one month thereafter. Needless to say that the petitioner shall be put on notice and heard in the exercise. The writ petition is disposed of.

V. CHITAMBARESH JUDGE