High Court Kerala High Court

K.Jayaprakash vs The Joint Regional Transport … on 15 January, 2010

Kerala High Court
K.Jayaprakash vs The Joint Regional Transport … on 15 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 34384 of 2009(P)


1. K.JAYAPRAKASH, S/O. RAGHAVAN NAIR,
                      ...  Petitioner

                        Vs



1. THE JOINT REGIONAL TRANSPORT OFFICER,
                       ...       Respondent

                For Petitioner  :SRI.SAJU J.VALLYARA

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :15/01/2010

 O R D E R
                          P.N.RAVINDRAN, J.
                        ----------------------------
                       W.P.(C)No.34384 of 2009
                        ----------------------------
                       Dated 15th January, 2010

                               JUDGMENT

The petitioner is the owner of a motor car bearing

registration No.KL-09/P 7265. The said vehicle was used as a taxi car

on the strength of Ext.P2 permit that was valid up to 1.11.2009. In

the registration certificate relating to the said vehicle the class of the

vehicle is shown as “All India Tourist Taxi”. After Ext.P2 permit

expired, the petitioner submitted Ext.P3 letter dated 21.11.2009 to the

Joint Regional Transport Officer, Pattambi requesting him to alter the

class of the vehicle as “Motorcab”. In that application he stated that

he has not sought a renewal of Ext.P2 permit and that he is no longer

using the vehicle as a taxi. He also stated that he intends to use the

vehicle as a motorcab. The Joint Regional Transport Officer, Pattambi

returned the original of Ext.P3 to the petitioner with an endorsement

which reads as follows:

“Returned to the applicant directing him to produce
proceedings of the Secretary, State Transport
Authority, Thiruvananthapuram, since the permit
issued from State Transport Authority,
Thiruvananthapuram.”

This writ petition was thereupon filed challenging the said endorsement

and seeking a writ in the nature of mandamus commanding the Joint

WP(C).No.34384/2009 2

Regional Transport Officer, Pattambi to consider the request made by

the petitioner in Ext.P3 for change of the class of the vehicle without

insisting on production of an order from the Secretary, State Transport

Authority, Thiruvananthapuram.

2. In Ext. P1 certificate of registration, the petitioner’s

vehicle is described as “All India Tourist Taxi”. The petitioner

purchased the said vehicle on 14.10.2004, the date on which it was

registered. Thereafter Ext.P2 permit was issued to him on 2.11.2004

by the Secretary, Regional Transport Authority, Palakkad. The said

permit was valid only till 1.11.2009. The petitioner has not sought a

renewal of Ext.P2 permit thereafter. Instead, he moved the respondent

seeking alteration of the description of the vehicle in Ext.P1 as a

“Motorcab” in the place of “All India Tourist Taxi”. The respondent

declined to change the class of the vehicle stating that the petitioner

should produce an order from the State Transport Authority,

Thiruvananthapuram since Ext.P2 permit was issued by State

Transport Authority. In my opinion, the stand taken by the respondent

cannot be sustained. What the petitioner has sought in Ext.P3 is not

an alteration of Ext.P2 permit. Ext.P2 permit ceased to be in force on

1.11.2009. What the petitioner seeks is a change of the description of

his car in Ext.P1 certificate of registration. The certificate of

WP(C).No.34384/2009 3

registration was issued by the Motor Vehicle Inspector, Pattambi, the

then registering authority. Therefore, the Joint Regional Transport

Officer, Pattambi who is presently the registering authority, cannot

insist that the petitioner should obtain an order from the State

Transport Authority, Thiruvananthapuram for making necessary

alterations in Ext.P1 certificate of registration.

I accordingly dispose of this writ petition with the direction

that in the event of the petitioner submitting an appropriate application

to the respondent in prescribed form, if any, or on plain paper

requesting for change of the class of his vehicle and paying the

requisite fee, the respondent shall consider the same and pass

necessary orders thereon expeditiously and in any event within one

month from the date on which such application is submitted by the

petitioner.

P.N.RAVINDRAN
Judge

TKS