High Court Kerala High Court

Swapana Bijoy vs The Regional Transport Officer/ on 23 August, 2007

Kerala High Court
Swapana Bijoy vs The Regional Transport Officer/ on 23 August, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 3703 of 2007(N)


1. SWAPANA BIJOY,
                      ...  Petitioner

                        Vs



1. THE REGIONAL TRANSPORT OFFICER/
                       ...       Respondent

2. THE DEPUTY TRANSPORT COMMISSIONER (LAW),

3. CANARA BANK, REPRESENTED BY

                For Petitioner  :SRI.K.JAJU BABU

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :23/08/2007

 O R D E R
                          S. SIRI JAGAN, J.
                    ---------------------------------
                     W.P.(C)NO. 3703 OF 2007
                  ------------------------------------
          DATED THIS THE 23rd DAY OF AUGUST, 2007

                              JUDGMENT

The petitioner obtained a contract for transportation of currency

notes on behalf of the 3rd respondent as per Ext.P1. For executing the

contract, the petitioner purchased a new vehicle as per Ext.P2. The 3rd

respondent insisted that unless the seating capacity of the vehicle is

increased, they cannot allow the petitioner to continue the contract.

The petitioner, therefore, filed an application before the 1st respondent

for permission to increase the seating capacity, which was rejected.

The petitioner’s contention is that similar request has been allowed in

respect of another vehicle. The petitioner, therefore, seeks a direction

to the 1st respondent to give permission for increasing the seating

capacity of the petitioner’s vehicle.

2. The 1st respondent has filed a counter affidavit in which it is

categorically admitted that a similar vehicle has been granted this

facility of increasing seating capacity. That being so, the petitioner is

entitled to the second relief prayed for in the writ petition.

3. Accordingly, I direct the 1st respondent to give permission

to the petitioner for increasing the seating capacity of the Tempo

W.P.(c)No.3703/07 2

Traveller having Ext.P2 registration certificate. This shall be done

within a period of two weeks from the date of receipt of a copy of

this judgment.

The writ petition is disposed of as above.

S. SIRI JAGAN, JUDGE

Acd