Dismissed

Anilkumar a.v., v. Regional Transport Officer

Kerala HC3 Oct 2023WP(C)/22843/2023

Case brief

AI extract

What is this about?

Petitioner sought mandamus for replacement of a stage carriage vehicle and dispensation of English translation. Court dismissed the petition as the replacement was already effected in the duplicate registration certificate, leaving nothing to survive.

What did the court decide?

Writ petition dismissed on the ground that vehicle replacement was already effected in the duplicate registration certificate.

Anilkumar a.v., Vs Regional Transport Officer — Banking and Recovery | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
TUESDAY, THE 3RD DAY OF OCTOBER 2023 / 11TH ASWINA, 1945

¶4

WP(C) NO. 22843 OF 2023

¶5

PETITIONER:

¶6

ANILKUMAR A.V.,
AGED 47 YEARS, S/O. M. P. VISWANATHAN PILLAI,
ASHWATHY BHAVAN HOUSE, KUTTOOR PO, THIRUVALLA,
PATHANAMTHITTA DISTRICT,
PIN – 689 106.

¶7

BY ADVS.

¶8

P.V.ANOOP
PHIJO PRADEESH PHILIP
ANTONY THOMAS
ANJU R S.

¶9

RESPONDENTS:

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1 REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, PATHANAMTHITTA (PO), PATHANAMTHITTA DISTRICT, PIN – 689 645.

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2 REGIONAL TRANSPORT AUTHORITY PATHANAMTHITTA P.O., PATHANAMTHITTA DISTRICT, PIN – 689 645

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REPRESENTED BY ITS SECRETARY.

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3 JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, THIRUVALLA, PATHANAMTHITTA DISTRICT, PIN – 689 101.

¶14

BY ADV

¶15

S. GOPINATHAN-SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 22843 OF 2023

¶18

¶19

DINESH KUMAR SINGH, J.

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--------------------------------------------

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WP(C) NO.22843 OF 2023

¶22

--------------------------------------------

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Dated this the 3^rd day of October, 2023

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J U D G M E N T

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The present writ petition has been filed seeking the following relief;

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“(i) Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction directing the 1^st respondent to consider accept Exhibit P7 and issue replacement in accordance with the Exhibit P2 within a time frame fixed by this Honorable Court.

¶27

(ii) Issue a writ in the nature of Mandamus or any other appropriate writ, order or direction directing the respondents to replace the vehicle bearing registration No.KL 03 S 1144 with the vehicle bearing registration No. KL 27 L 9799 without insisting for fresh RC.

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(iii) To dispense with the production of English Translation of Malayalam Exhibits

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WP(C) NO. 22843 OF 2023

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produced along with the Writ Petition, in the interest of justice.

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(iv) Issue any other writ, order or direction as this Hon’ble Court deems fit in the circumstances of the case. “

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The replacement of the vehicle has been

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effected in the duplicate registration certificate. Therefore, nothing survives in this writ petition.

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Hence, the writ petition is hereby dismissed.

¶36

Sd/-

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DINESH KUMAR SINGH

¶38

JUDGE

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rpr

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WP(C) NO. 22843 OF 2023

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¶42

APPENDIX OF WP(C) 22843/2023

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PETITIONER’S EXHIBITS

¶44

Exhibit P1THE TRUE COPY OF THE STAGE CARRIAGE PERMIT
ISSUED TO THE PETITIONER ON THE ROUTE
THIRUVALLA - RANNI DATED 02.12.2021.
Exhibit P2THE TRUE COPY OF THE APPLICATION FOR
REPLACEMENT DATED 26.06.2023 SUBMITTED BEFORE
THE 2ND RESPONDENT.
Exhibit P3COPY OF THE AGREEMENT EXECUTED BY THE
PETITIONER ON BEHALF OF THE COMPANY
PERMITTING THE USAGE OF THE VEHICLE FOR A
PERIOD OF FIVE YEARS.DATED 26.06.2023.
Exhibit P4THE COPY OF THE COMPLAINT SUBMITTED BY THE
PETITIONER ON 26.06.2023.
Exhibit P5COPY OF THE RECEIPT ISSUED BY THE STATION
HOUSE OFFICER.
Exhibit P6THE TRUE COPY OF THE COVERING LETTER DATED
26.06.2023SUBMITTED BEFORE THE 1ST
RESPONDENT.
Exhibit P7THE COPY OF THE REPRESENTATION DATED
27.06.2023 SUBMITTED BY THE PETITIONER BEFORE
THE 1ST RESPONDENT.
Exhibit P8COPY OF THE AFFIDAVIT DATED 27.06.2023
SUBMITTED BY THE PETITIONER BEFORE 1ST
RESPONDENT TO PERMIT REPLACEMENT OF STAGE
CARRIAGE BEARING REGISTRATION NUMBER
KL-03-S-1144 WITH KL-27-L-9799.

¶45

Exhibit P9THE COPY OF THE PARTICULARS OF THE VEHICLE
BEARING REGISTRATION NUMBER KL-27-L-9799
PRINTED ON 26.06.2023

Anilkumar a.v., v. Regional Transport Officer

Case brief

What is this about?

What did the court decide?

Anilkumar a.v., v. Regional Transport Officer

Case brief

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