Kerala High Court
Kripa Educational & Charitable Trust vs The Joint Regional Transport Officer on 2 February, 2011
Author: C.K.Abdul Rehim
Bench: C.K.Abdul Rehim
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 1497 of 2011(J)
1. KRIPA EDUCATIONAL & CHARITABLE TRUST,
... Petitioner
Vs
1. THE JOINT REGIONAL TRANSPORT OFFICER,
... Respondent
For Petitioner :SRI.O.D.SIVADAS
For Respondent : No Appearance
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :02/02/2011
O R D E R
C.K.ABDUL REHIM,J.
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WP(C).NO.1497 of 2011
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Dated this the 2nd day of February, 2011
JUDGMENT
Petitioner claims to be an educational and charitable trust, which is registered with an objective of providing better educational facilities to students in the weaker sections of the community. Petitioner purchased a vehicle bearing No.KL 59/C 179 with an intention to provide conveyance to students, as a charitable service, without collecting any amount. Petitioner submitted request to register the vehicle in question as a private service vehicle, as per section 2(33) of the Motor Vehicles Act. According to the petitioner, the vehicle is used solely for purpose of carrying students, which is not a matter coming in any manner connected with trade or business and that conveyance is provided not for any hire or reward. In this regard the petitioner had also submitted an undertaking as per Ext.P3 to the effect that the vehicle is being used only for carrying students and that they are not collecting any amount. From Ext.P2 registration certificate of the vehicle, it is revealed that the vehicle already stands WP(C). 1497/2011 2 registered as a contract carriage . Therefore if the petitioner is seeking any alteration of the class of vehicle, he has to approach the appropriate authority. Learned counsel for the petitioner points out that he had already submitted an application in this regard before the respondent, on 19.1.2011, receipt of which was acknowledged by the respondent on 25.1.2011. Under such circumstances I am of the view that the 1st respondent can be directed to consider such application and to dispose of the same within a time limit.
2. Therefore the writ petition is disposed of directing the respondent to consider and pass appropriate orders on the application submitted by the petitioner seeking change of class of vehicle bearing No.KL 59/C 179, which was seen received in the office of the respondent on 25.1.2011 as per endorsement made on the copy of the said petition. A decision in this regard shall be taken after affording an opportunity of hearing to the petitioner, as early as possible, at any rate within a period of one month from the date of receipt of a copy of this judgment.
3. Petitioner will produce a copy of this judgment along with a copy of the request submitted, before the WP(C). 1497/2011 3 respondent, for proper compliance .
C.K.ABDUL REHIM,JUDGE pmn/