IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 WP(C).No. 24724 of 2009(I) ------------------------------------ PETITIONER(S): --------------- A.D.JOSE, S/O. DEVASSY, ARIKKADAN HOUSE, POTTA P.O., CHALAKKUDY, THRISSUR. BY ADV. SRI.PULIKKOOL ABUBACKER SRI.ZUBAIR PULIKKOOL RESPONDENT(S): --------------- 1. TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM. 2. REGIONAL TRANSPORT OFFICER, THRISSUR. 3. ADDITIONAL REGISTERING AUTHORITY, SUB-REGIONAL TRANSPORT OFFICE, IRINJALAKUDA. BY GOVERNMENT PLEADER MR. K.S.MOHAMMED HASHIM, THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24724 of 2009(I) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE CERTIFICATION OF REGISTRATION IN RESPECT OF PETITIONER'S VEHICLE. EXT.P2 - TRUE COPY OF THE JUDGMENT DATED 17.2.2009 IN W.P.(C) NO. 5224 OF 2009 OF THIS COURT. EXT.P3 - TRUE COPY OF THE JUDGMENT DATED 13TH MARCH, 09 IN W.P.(C) 24546/08 OF THIS COURT. EXT.P4 - TRUE COPY OF THE ORDER NO. C2/16967/09 DTD. 23.6.09 ISSUED BY 3RD RESPONDENT. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... W.P(C) No. 24724 of 2009 ................................................. Dated this the 8th day of October, 2009 J U D G M E N T The petitioner is the registered owner of a goods carriage vehicle bearing Register No. KL 08/AA 2169, which is a Mahindra Camper 2004 Model. It is registered as a light goods carriage vehicle. Although the petitioner was initially using the said vehicle as a goods vehicle for his business, in view of reduction in work, he decided to convert it into a passenger vehicle. The petitioner's request in this regard was not considered by the 3rd respondent. The petitioner approached this court by filing W.P.(C) No. 5224 of 2009. In that writ petition, by Ext.P2 judgment, this court directed the 3rd respondent to consider the application of the petitioner. Pursuant thereto, Ext.P4 order has been passed rejecting the application of the petitioner. Petitioner's contention is that rejection of his application is against the decision of this court in Cherian v. Transport Commissioner [2009 (2) KLT 583], a copy of which is produced as Ext.P3, which is in respect of an W.P(C) No. 24724 of 2009 -2- identical vehicle. In view of that decision the petitioner's application could not have been validly rejected by the 3rd respondent is the contention of the petitioner. 2. The learned Government Pleader submits that at the time of hearing of the petitioners application, the decision in Cherian's case was not brought to the attention of the registering authority and the registering authority rejected the application in accordance with a circular which was prevalent prior to the decision in Cherian's case. 3. After hearing both sides, I feel that the 3rd respondent should re-consider the matter in the light of Cherian's case (supra). Accordingly, the writ petition is disposed of with the following direction: Ext.P4 is quashed. The 3rd respondent is directed to re-consider the application of the petitioner in the light of the decision in Cherian's case, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE rhs