IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36777 of 2008(C)
1. R.PUSHPAKUMAR, SREERAGAM, PALLIPPURAM
... Petitioner
Vs
1. STATE OF KERALA, REP. BY SECRETARY,
... Respondent
2. THE TRANSPORT COMMISSIONER,
3. THE JOINT REGIONAL TRANSPORT OFFICER,
For Petitioner :SRI.N.J.MATHEWS
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :22/01/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 36777 OF 2008 (C)
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Dated this the 22nd day of January, 2009
J U D G M E N T
Petitioner is a handicapped person. He purchased a two wheeler
and wanted it registered as an “invalid carriage”. However, the authorities
have declined registration. It is therefore, the writ petition is filed.
2. Learned Government Pleader has now made available a
resolution of the Ministry of Shipping, Road Transport and Highways
(Department of Road Transport and Highways) dated 23rd of July 2008,
providing a scheme for registration of invalid carriages.
3. In the light of the scheme framed by the Government of India,
the authorities are liable to consider the applications made in terms
thereof.
4. Therefore, I direct that it will be open to the petitioner to
approach the 3rd respondent and seek the registration of his two wheeler
as an invalid carriage, in which case, the 3rd respondent shall consider the
claim of the petitioner in the light of the resolution dated 23rd of July, 2008
passed by the Ministry of Shipping, Road Transport and Highways,
WPC 36777/08
:2 :
Government of India referred to above.
5. Petitioner shall produce a copy of this judgment before the 3rd
respondent for compliance.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp