Allowed

K.S. Muhammed Naseer v. the Additional Registering Authority

Kerala HC12 Oct 2023WP(C)/29069/2023

Case brief

AI extract

What is this about?

In a writ petition regarding vehicle registration refusal, the court allowed the petition with liberty to the petitioner to modify the bus body to meet prescribed weight and standard norms before re-inspection by the authorities.

What did the court decide?

Disposed of the petition with liberty to modify the bus body to meet prescribed standards and register upon re-inspection.

K.S. Muhammed Naseer Vs the Additional… — Civil Procedure and Limitation | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

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THURSDAY, THE 12TH DAY OF OCTOBER 2023 / 20TH ASWINA, 1945
WP(C) NO. 29069 OF 2023

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PETITIONER:

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K.S. MUHAMMED NASEER

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AGED 56 YEARS, S/O.HAJI SULAIMAN,
KMS MANZIL, MATTUKKADU, KUZHALMANNAM POST,
PALAKKAD DISTRICT, KERALA, PIN – 678702

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BY ADV SAJEEV KUMAR K.GOPAL

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RESPONDENTS:

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1 THE ADDITIONAL REGISTERING AUTHORITY, OFFICE OF THE SUB REGIONAL TRANSPORT OFFICE, ALATHUR.P.O., PALAKKAD DISTRICT, PIN – 678541

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2 THE DEPUTY TRANSPORT COMMISSIONER CENTRAL ZONE-I, CIVIL STATION, CIVIL LANE ROAD, KALYAN NAGAR, AYYANTHOLE, THRISSUR DIST, KERALA, PIN – 680003

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OTHER PRESENT:

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S. GOPINATHAN- SR.GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.10.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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W.P(C).29069/2023

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J U D G M E N T

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Dated this the 12^th day of October, 2023

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In compliance of the order dated 3.10.2023, Mr. T. Harikumar and Mr. V. Anumod Kumar, Motor Vehicle Inspectors are present in the court.

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They have explained the shortcomings of the bus in question as noted in their report. It has been further explained that the weight of the bus will be as prescribed by the Automotive Research Association of India and in accordance with the said prescription, the average weight of passenger of bus is to be taken as 68 Kg with 7Kg luggage with sufficient seating capacity of 35 for bus. The total weight of the bus along with passengers becomes more than the prescribed limit. Further defects have also been explained regarding the bus not having bumpers on rear. It is further said that unless the bus body is modified, and comes within the prescribed standards, it is not possible to register the vehicle.

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Learned counsel for the petitioner submitted that the petitioner will get the body of the vehicle modified and presented before the Registering Authority again.

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W.P(C).29069/2023

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Considering the said submission, the present writ petition is disposed of with liberty to the petitioner to get the body of the bus modified so that it meets the standards prescribed. The Registering Authority and Motor Vehicle Inspector, who will inspect the vehicle do not unnecessarily trivial objection to deny the petitioner registration of his vehicle, which has been bought by the petitioner from the State of Karnataka. Petitioner will intimate the Registering Authority as

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soon as he gets the vehicle modified as per the required standards. Thereafter, inspection would be carried out and if it meets the standards except a few minor deviations, let the vehicle be registered.

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Sd/- Dinesh Kumar Singh, Judge

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sou.

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W.P(C).29069/2023

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APPENDIX OF WP(C) 29069/2023

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PETITIONER EXHIBITS

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EXHIBIT P1TRUE COPY OF THE ORDER PASSED BY THE 1ST
RESPONDENT DATED 12-06-2023 VIDE NO.
C2/4322/2023/PA

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EXHIBIT P2TRUE COPY OF THE ORDER PASSED BY THE
APPELLATEAUTHORITYVIDEORDER
NO.CZ1C/113/2023-DTCCZ1 DATED 16-08-2023

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RESPONDENT ANNEXURES

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ANNEXURE R2(A)TRUECOPYOFTHELETTER
NO.CZ1C/113/2023/DTC DATED 20.07.2023
ISSUED BY THE MOTOR VEHICLE DEPARTMENT,
CENTRAL ZONE - I, THRISSUR

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ANNEXURE R2(B)TRUE COPY OF THE INSPECTION REPORT DATED
01.08.2023

K.S. Muhammed Naseer v. the Additional Registering Authority

Case brief

What is this about?

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K.S. Muhammed Naseer v. the Additional Registering Authority

Case brief

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What did the court decide?

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