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