High Court of KeralaWP(C)/35347/2015disposed of

Jothy Thomas v. State Of Kerala

2015-12-14Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937 WP(C).No. 35347 of 2015 (P) ---------------------------- PETITIONER:

------------------ JOTHY THOMAS, AGED 40 YEARS, S/O.LATE K.O.THOMAS, KAKKASSERY HOUSE, PULARI NAGAR, P.O.THALORE, THRISSUR DISTRICT. BY ADVS.SRI.C.M.MOHAMMED IQUABAL SMT.ANJALI G.KRISHNAN RESPONDENTS:- ------------------------

1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE MOTOR VEHICLES DEPARTMENT , GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM PIN - 695 001.

2. THE REGIONAL TRANSPORT OFFICER THRISSUR, POST THRISSUR, PIN - 680 001.

3. THE JOINT REGIONAL TRANSPORT OFFICER, GURUVAYOOR, POST GURUVAYOOR, PIN - 680 101.

BY SENIOR GOVERNMENT PLEADER SMT. SANJEETHA K.A. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-12-2015, ALONG WITH WPC. 35357/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 35347 of 2015 (P) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE OF REGISTRATION ISSUED BY THE COMMERCIAL TAX OFFICER, CHAVAKKAD DATED 19.06.2010. EXHIBIT P2 THE TRUE COPY OF THE LICENSE ISSUED BY NATTIKA GRAMA PANCHAYATH DATED 04.04.2015.

EXHIBIT P3 THE TRUE COPY OF THE AUTHORIZED DEALER AGREEMENT ENTERED INTO BETWEEN TVS MOTOR COMPANY LIMITED AND THE PETITIONER DATED 01.04.2012.

EXHIBIT P4 THE TRUE COPY OF THE EXTENSION OF AUTHORIZED DEALER AGREEMENT ISSUED BY TVS MOTOR COMPANY LIMITED DATED 01.04.2015.

EXHIBIT P5 THE TRUE COPY OF THE TRADE CERTIFICATE NO.KL-8-TC-127-2007 DATED 24.05.2007.

EXHIBIT P6 THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR RENEWAL OF TRADE CERTIFICATE DATED NIL.

EXHIBIT P7 THE TRUE COPY OF THE INFORMATION FURNISHED BY STATE PUBLIC INFORMATION OFFICER, REGIONAL TRANSPORT OFFICE, PALAKKAD DATED 10.09.2015.

RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.S. TO JUDGE.

ncd

V.CHITAMBARESH, J.

--------------------- W.P (C) Nos.35347 & 35357 of 2015 --------------------- Dated this the 14th day of December, 2015

J U D G M E N T

The petitioners in these two writ petitions confine their relief to an early consideration of their applications for trade certificates. The Senior Government pleader points out that these applications would be duly considered provided the petitioners produce the dealership agreement. It is submitted that the petitioners are also obliged to produce the invoice indicating the allotment of vehicles by the dealers/manufacturer.

2. I direct the third respondent to consider the applications for trade certificates with notice to the petitioners within a period of one month. The petitioners shall produce all the requisite documents as indicated above to the satisfaction of the third respondent.

The Writ Petitions are disposed of as above.

Sd/- V.CHITAMBARESH, Judge.

nj/14.12.15