Kerala High Court
Sareena A.K vs The Regional Transport Officer on 15 February, 2017
Author: P.B.Suresh Kumar
Bench: P.B.Suresh Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
FRIDAY, THE 17TH DAY OF MARCH 2017/26TH PHALGUNA, 1938
WP(C).No. 9033 of 2017 (D)
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PETITIONER:-
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SAREENA A.K.,
AGED 46 YEARS,W/O SHAJAHAN,PROPRIETOR,
CROWN HARDWARES CAR AVENUE BUILDINGS,
36/1860D,KALOOR,KADAVANTHARA ROAD,
KOCHI-17, RESIDING AT ANIKKAPADATHU,
VENNALA.P.O,
ERNAKULAM.
BY ADVS.SRI.LIJI.J.VADAKEDOM
SMT.REXY ELIZABETH THOMAS
SRI.RAJEEV JYOTHISH GEORGE
SRI.TOM E. JACOB
RESPONDENTS:-
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1. THE REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT OFFICE,KAKKANAD,ERNAKULAM.
2. MOTOR VEHICLE DEPARTMENT,
REPRESENTED BY ITS SECRETARY,SECRETARIAT,
THIRUVANANTHAPURAM-695001.
3. THE TRANSPORT AUTHORITY,
2ND FLOOR,VAZHUTHAKKADU,THAIKKADU.P.O,
THIRUVANANTHAPURAM-695014.
BY SR.GOVERNMENT PLEADER SMT.C.S.SHEEJA.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 9033 of 2017 (D)
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APPENDIX
PETITIONER'S EXHIBITS:-
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EXT.P1 : THE COPY OF THE CERTIFICATE OF REGISTRATION OF THE
VEHICLE N,O.KL-07-BT-3211 ISSUED IN THE NAME OF THE
PETITIONER
EXT.P1(A) : THE COPY OF THE ENDORSEMENT MADE OON THE APPLICATION
FOR FITNESS CERTIFICATE
EXT.P2 : THE COPY OF THE REQUEST DATED 15.02.2017 SUBMITTED
BY THE PETITIONER BEFORE THE 1ST RESPONDENT -RT0
REGISTERED POST WITH AD CARD
EXT.P2(A) : THE COPY OF THE TRACK CONSIGNMENT REPORT UPDATED 0N
1/3/2017 OF INDIA POST.
RESPONDENTS' EXHIBITS: NIL.
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( true copy )
PA TO JUDGE.
Kvs/-
P.B.SURESH KUMAR, J.
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W.P.(C).No.9033 of 2017-D.
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Dated this the 17th day of March, 2017.
J U D G M E N T
The grievance of the petitioner in the writ petition concerns the refusal on the part of the first respondent in endorsing the conversion of the body of a vehicle owned by her in its certificate of registration. Identical cases have been disposed of by this Court, in tune with the directions issued by this Court in Justin Joseph v. Addl. Registering Authority (2012 (4) KLT
238).
In the circumstances, this writ petition is also disposed of directing the first respondent to inspect the vehicle of the petitioner and consider the issue as to whether the vehicle is road worthy, in the light of the decision in Justin Joseph v. Addl. Registering Authority. This shall be done within two weeks from the date of receipt of a copy of the judgment. Needless to say that if it is found that the conversion of the body of the vehicle does not offend Section 52 of the Motor Vehicles Act, W.P.(C).No.9033/2017-D. 2 1988 as explained in Justin Joseph v. Addl. Registering Authority, appropriate endorsement shall be made in the certificate of registration of the vehicle of the petitioner.
Sd/-
P.B.SURESH KUMAR, JUDGE.
Kvs/-
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