Disposed

Philip Varghese v. the Joint Regional Transport Officer

Kerala HC6 Jul 2020WP(C)/12363/2020

Case brief

AI extract

What is this about?

A writ petition seeking a fresh determination of an application for vehicle registration assignment. The court disposed of the petition by directing the Deputy Transport Commissioner to consider the pending statutory appeal filed by the petitioner within four weeks.

What did the court decide?

Pending appeal against the rejection order is directed to be disposed by the Deputy Transport Commissioner within four weeks.

Philip Varghese Vs the Joint Regional… — Constitutional and Fundamental Rights | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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MONDAY, THE 06TH DAY OF JULY 2020 / 15TH ASHADHA, 1942

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WP(C).No.12363 OF 2020(U)

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PETITIONER/S:

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PHILIP VARGHESE AGED 47 YEARS S/O.VARGHESE, PARAKKAL HOUSE, NELLICKAMON P.O., ANGADI VILLAGE, RANNY TALUK, PATHANAMTHITTA DISTRICT.

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BY ADV. SRI.O.D.SIVADAS

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RESPONDENT/S:

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THE JOINT REGIONAL TRANSPORT OFFICER SUB REGIONAL TRANSPORT OFFICE, RANNY, PATHANAMTHITTA, PIN-689672.

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OTHER PRESENT:

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SR.GP.K.P.HARISH

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.07.2020, THE COURT ON THE SAME DAY

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DELIVERED THE FOLLOWING:

WPC 12363 of 2020

JUDGMENT

Dated this the 6^th day of July, 2020.

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The petitioner is the owner of vehicle bearing registration No.AP 12-J-1875, which was originally registered as a recovery vehicle at Telangana. After purchasing the vehicle from its original owner, the petitioner obtained NOC from the registering authority at Telangana for assigning fresh registration mark in the State of Kerala and

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on the strength of the said NOC, submitted application before the first respondent along with

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other necessary documents. Ext.P4 is the

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application for assignment of registration mark and Ext.P5, the application seeking transfer of ownership to the petitioner's name. The application for assignment for new registration mark was rejected by the first respondent under Ext.P6 on the ground that the petitioner had

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failed to produce prototype approval of the

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WPC 12363 of 2020

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vehicle, as also consent of the State Transport Authority, Kerala for registering the vehicle as a recovery vehicle. The further reason stated is that, as per the dictum laid down by the Honourable Supreme Court, the vehicle cannot be altered in contra distinction to its prototype approval.

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2. The learned Counsel for the petitioner submits that pending this writ petition, the petitioner has preferred an appeal against Ext.P6 under Section 57 of the Motor Vehicles Act and the same is pending before the Deputy Transport Commissioner, Thiruvananthapuram. Even though the learned counsel for the petitioner submitted that interlocutory applications have been filed for

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accepting the appeal petition as Ext.P7 and to implead the Deputy Transport Commissioner as additional second respondent, I am unable to pass orders on those applications since the Registry

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WPC 12363 of 2020

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informs that physical copies of the applications are yet to be received.

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3. The learned Government Pleader submits that since the petitioner has preferred an appeal against Ext.P6 order, the same can be directed to

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be disposed of, provided the appeal was filed within time.

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In the circumstances, the writ petition is disposed of, directing the Deputy Transport Commissioner, Thiruvananthapuram to consider the appeal filed against Ext.P6 and pass orders thereon, within four weeks from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the writ petition together with copy of the judgment in order to effectuate

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such consideration.

Scl/06.07

WPC 12363 of 2020

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 COPY OF THE REGISTRATION OF VEHICLE NO.AP 12/J 1875.

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EXHIBIT P2 COPY OF THE VEHICLE REGISTRATION DETAILS OF VEHICLE NO.AP 12/J 1875 OBTAINED FROM VAHAN SITE.

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EXHIBIT P3 COPY OF THE NO OBJECTION CERTIFICATE DATED 23.11.2019 ISSUED BY THE REGISTERING AUTHORITY UPPAL, TELANGANA.

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EXHIBIT P4 COPY OF THE APPLICATION DATED 24.2.2020 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT FOR ASSIGNMENT OF NEW REGISTRATION MARK.

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EXHIBIT P5 COPY OF THE APPLICATION DATED 25.11.2019 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT FOR TRANSFER OF OWNERSHIP OF THE VEHICLE.

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EXHIBIT P6 COPY OF THE PROCEEDING DATED 09.03.2020 ISSUED BY THE RESPONDENT TO THE PETITIONER.

Philip Varghese v. the Joint Regional Transport Officer

Case brief

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Philip Varghese v. the Joint Regional Transport Officer

Case brief

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