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Benazeer Riyas v. the Additional Registering Authority

Kerala HC3 Jan 2023WP(C)/57/2023

Case brief

AI extract

What is this about?

The Court disposed of a writ petition filed by a goods carriage vehicle owner requesting a direction to the respondent to accept an application for fitness certificate renewal. The Court observed that while transfer proceedings were pending due to a dispute with the registered owner, the owner-in-possession qualifies under the rules. Consequently, the Court directed the respondent to accept the ap

What did the court decide?

Directing the respondent to accept Ext.P5 application for renewal of fitness certificate and inspect vehicle bearing No. KL-57/E-9076 within one month.

Benazeer Riyas Vs the Additional Registering Authority — Service and Employment | Kerala HC (2023)

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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 P.V.KUNHIKRISHNAN
TUESDAY, THE 3RD DAY OF JANUARY 2023 / 13TH POUSHA, 1944
WP(C) NO. 57 OF 2023

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PETITIONER:

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BENAZEER RIYAS

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SON OF KUNHAYANKUTTY, RIYAS MANZIL, NADUVANNUR,
KOYILANDY, KOZHIKODE., PIN – 673 614

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BY ADV I.DINESH MENON

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RESPONDENT:

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THE ADDITIONAL REGISTERING AUTHORITY
JOINT REGIONAL TRANSPORT OFFICER, KODUVALLY,
JOINT REGIONAL TRANSPORT OFFICE, KOYILANDY P.O.,
KOZHIKODE, PIN – 673 572

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OTHER PRESENT:

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SRI.JIMMY GEORGE, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No. 57 of 2023

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P.V.KUNHIKRISHNAN, J

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

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WP(C) No. 57 of 2023

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

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Dated this the 3^rd day of January, 2023

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JUDGMENT

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The above writ petition is filed with the following prayers:-

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i. Issue a writ of mandamus or such other writs, order or direction, directing the respondent to accept Ext.P5 application for renewal of fitness certificate and inspect the vehicle KL-57/E9076, within a time frame as this Hon’ble Court may deem fit and proper;

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ii. Issue a writ of mandamus or such other writs, order or direction, directing the respondent to inspect the vehicle KL-57/E-9076, for the purpose of renewal of Fitness Certificate;

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iii. Dispense with the production of translation of vernacular documents;

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iv. To grant such other reliefs as this Hon’ble Court may deem to fit and proper.

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The petitioner is the owner in possession of goods carriage vehicle

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bearing No. KL-57/E-9076. The petitioner submits that an agreement of sale was entered into between petitioner as well as the registered owner of the above vehicle. Because of the disputes between the petitioner as well as the registered owner, the transfer proceedings are yet to complete is the submission. The permit expired on 24/03/2022. The respondent refused to accept the application for

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WP(C) No. 57 of 2023

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renewal. Hence the petitioner moved this Court and there was a direction to consider the renewal application. The owner of the vehicle is defined in Rule 2[30] of the Kerala Motor Vehicle Rules, which include the owner in possession. Now the fitness certificate of the vehicle expires on 10.01.2023. The governing provision as far as renewal of fitness certificate in Section 56 of the Motor Vehicles Act, 1988. According to the petitioner the statute does not provide that the registered owner himself should apply for renewal of fitness certificate. The prayer of the petitioner is for direction to the respondent to accept Ext.P5 application for renewal of fitness certificate.

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Heard the learned counsel for the petitioner and the learned Government Pleader.

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After hearing both sides, I am of the considered opinion that there can be a direction to consider Ext.P5 application for renewal of fitness certificate within a time frame.

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Therefore, this writ petition is disposed of directing the respondent accept Ext.P5 application for renewal of fitness certificate and inspect vehicle bearing No. KL-57/E-9076 as expeditiously as possible, at any rate within one month from the date of receipt of a copy of this judgment. Till such time the status quo as on today will continue.

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Sd/P.V.KUNHIKRISHNAN JUDGE

AMR

WP(C) No. 57 of 2023

APPENDIX OF WP(C) 57/2023

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PETITIONER’S EXHIBITS

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Exhibit1TRUE COPY OF THE GOODS VEHICLE PERMIT
NO.PGD 57/911/2017 DATED 24.4.2017.

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Exhibit P2TRUE COPY OF THE APPLICATION FOR RENEWAL
SUBMITTED BEFORE THE RESPONDENT DATED NIL.
Exhibit P3TRUE COPY OF THE JUDGMENT IN WP[C]
NO.15213/2022 DATED 6.5.2022.
Exhibit P4TRUE COPY OF THE DETAILS REGARDING FITNESS
CERTIFICATE OF THE VEHICLE KL 57 E 9076
OBTAINED FOR THE SITE OF THE MOTOR VEHICLES
DEPARTMENT DATED NIL.
Exhibit P5TRUE COPY OF THE APPLICATION FOR RENEWAL OF
FITNESS CERTIFICATE DATED 30.12.2022.

Benazeer Riyas v. the Additional Registering Authority

Case brief

What is this about?

What did the court decide?

Benazeer Riyas v. the Additional Registering Authority

Case brief

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