Kerala High Court
Jagannathan S vs The Regional Transport Officer on 18 May, 2011
Author: K.Surendra Mohan
Bench: K.Surendra Mohan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
TUESDAY, THE 19TH DAY OF JUNE 2012/29TH JYAISHTA 1934
WP(C).No. 12999 of 2012 (Y)
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PETITIONER(S):
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JAGANNATHAN S., AGED 69 YEARS
AGED 69 YEARS, S/O. GANGADHARAN
KANNARATHALA MELE PUTHEN VEEDU, MUTTAKADU.P.O
THIRUVANANTHAPURAM - 695 523.
BY ADV. SRI.M.K.CHANDRA MOHANDAS
RESPONDENT(S):
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1. THE REGIONAL TRANSPORT OFFICER
REGIONAL TRANSPORT OFFICE
THIRUVANANTHAPURAM -695 001.
2. THE ASSISTANT MOTOR VEHICLE INSPECTOR,
REGIONAL TRANSPORT OFFICE, KAZHAKOOTTAM
THIRUVANANTHAPURAM - 695 001.
BY GOVERNMENT PLEADER SRI.G.GOPAKUMAR.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 12999 of 2012 (Y)
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APPENDIX
PETITIONER(S) EXHIBITS:-
EXHIBIT-P1-TRUE COPY OF THE VEHICLE CHECK REPORT DATED 18/05/2011
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT-P2-TRUE COPY OF THE REPLY DATED 18/07/2011 SUBMITTED BY THE
PETITIONER TO THE IST RESPONDENT.
RESPONDENTS' EXHIBITS:- NIL.
( TRUE COPY )
PA TO JUDGE.
Kvs/-
K.SURENDRA MOHAN, J.
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WP(C).No.12999 of 2012.
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Dated this the 19th June, 2012.
J U D G M E N T
This writ petition is filed challenging Ext.P1 check report issued by the second respondent. The petitioner is the owner of a Mini Bus bearing registration No.KL-01/AJ 1848 covered by a contract carriage permit to operate with 12 + 1 seats. On 18.5.2011, the second respondent conducted an inspection of the vehicle at Thiruvananthapuram and at that time, it was found fitted with 18 seats, as against the sanctioned 13. The said report is Ext.P1. According to the counsel for the petitioner, the check report is wrong and the petitioner has not fitted any additional seats as alleged. The second respondent was misled by the tool box of the vehicle which has been mistakenly considered to be additional seats. The petitioner has therefore submitted Ext.P2, which is pending before the WP(C).No.12999/2012.
2 second respondent.
2. The learned Govt.Pleader, on instructions, submits that Ext.P2 would be considered and appropriate orders passed thereon, without delay.
3. Since Ext.P2 is pending before the first respondent, this writ petition is disposed of directing the said authority to consider Ext.P2 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of one month of the date of receipt of a copy of this judgment.
K.SURENDRA MOHAN, (Judge) Kvs/-