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High Court of KeralaWP(C)/25075/2015dismissed

Simon v. The Joint Regional Transport Officer

2015-08-31Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 31ST DAY OF AUGUST 2015/9TH BHADRA, 1937 WP(C).No. 25075 of 2015 (H) ---------------------------- PETITIONER(S):

----------------- SIMON, AGED 48 YEARS S/O. OUSEPH, PULLOKKARAN HOUSE, MURIYAD P.O.

IRINJALAKUDA, THRISSUR DISTRICT.

BY ADVS.SRI.G.HARIHARAN SRI.PRAVEEN.H.

RESPONDENT(S):

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

1. THE JOINT REGIONAL TRANSPORT OFFICER IRINJALAKUDA, THRISSUR DISTRICT - 680121

2. THE ADDITIONAL REGISTERING AUTHORITY, IRINJALAKUDA, THRISSUR DISTRICT - 680 121 R BY GOVERNMENT PLEADER SMT.K.A.SANJEETHA.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 25075 of 2015 (H) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS --------------------------- EXHIBIT-P1-TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE VEHICLE HAVING REGISTRATION NO. KL 07BK 2926 EXHIBIT-P2-TRUE COPY OF THE ORDER NO.C2/104321/2014/IJK SIGNED ON 04/08/2015.

RESPONDENT(S)' EXHIBITS : NIL.

------------------------------ //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.25075 of 2015 --------------------- Dated this the 31st day of August, 2015

J U D G M E N T

Ext.P2 order rejecting an application for alteration of the vehicle is impugned. An Ambulance is sought to be altered as a contract carriage by the petitioner.

2. Such orders passed in terms of Section 52 of the Motor Vehicles Act are appealable. An appeal lies under Section 57 of the said Act to the prescribed authority.

3. I do not find any sufficient ground to bye-pass the statutory remedy in the instant case. No case for invoking extraordinary jurisdiction has been made out.

The Writ Petition is dismissed without prejudice to the statutory remedy of the petitioner as indicated above.

Sd/- V.CHITAMBARESH, Judge.

nj.