IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 23805 of 2011(A) -------------------------- PETITIONER(S): --------------- M/S. AUTOMOTIVE MARKETING PVT. LTD., AUTHORISED DEALERS OF EICHER VEHICLES, 39/1-405-KANNUR ROAD, PAVANGAD PUTHIYANGADI, KOZHIKODE -21, REPRESENTED BY ITS SENIOR MANAGER, T.R. ANILKUMAR. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): --------------- 1. ADDITIONAL REGISTERING AUTHORITY, SUB REGIONAL TRANSPORT OFFICE, MALAPPURAM. 2. TRANSPORT COMMISSIONER, TRANS TOWERS, VAZHUTHACAD, THIRUVANANTHAPURAM - 695 001. 3. DEPUTY TRANSPORT COMMISSIONER, CENTRAL ZONE-I, CIVIL STATION, AYYANTHOLE, THRISSUR - 680 003. BY GOVT. PLEADER SRI.MOHAMMED SHAFI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO. 23805 of 2011 EXT.P1 TRUE COPY OF THE SALE CERTIFICATE ISSUED BY THE PETITIONER COMPANY IN FAVOUR OF M/S.MARTHOMA HIGHER SECONDARY SCHOOL AT CHUNGHATHARA IN MALAPPURAM DISTRICT ON 6.8.2011 EXT.P2 TRUE COPY OF THE TEMPORARY REGISTRATION NO.KL-11AA-TEMP-1999 DATED 6.8.2011. EXT.P3 TRUE COPY OF THE CERTIFICATE ISSUED IN FORM 22 BY THE MANUFACTURER RELATING TO THE VEHICLE MENTIONED IN EXT.P1 EXT.P4 TRUE COPY OF THE ORDER NO.R1/6903/2011/M DATED 12.8.2011 AND SIGNED ON 18.8.2011. EXT.P5 TRUE COPY OF THE CERTIFICATE ISSUED BY THE AUTOMATIVE RESEARCH ASSOCIATION OF INDIA VIDE CERTIFICATE DATED 21.7.2010 EXT.P6 TRUE COY OF THE PROCEEDINGS DATED 6.4.2011 ISSUED BY THE TRANSPORT COMMISSIONER GRANTING APPROVAL TO EICHER LIGHT PASSENGER VEHICLES EXT.P7 TRUE COPY OF ONE SUCH ORDER PASSED BY THE DEPUTY TRANSPORT COMMISSIONER, SOUTH ZONE, THIRUVANTHAPURAM DATED 29.7.2011. EXT.P8 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 24.8.2011 FILED BEFORE THE 3RD RESPONDENT CHALLENGING EXT.P4 ORDER. EXT.P9 TRUE COPY OF THE BROCHURE ISSUED BY THE MANUFACTURER OF EICHER BUSES. //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P(C) No. 23805 of 2011 ------------------------------- Dated this the 5th day of September, 2011 J U D G M E N T The petitioner is an authorised dealer of Eicher Motor Vehicles. Aggrieved by Ext.P4 order dated 12.8.2011 issued by the Additional Registering Authority, Malappuram declining to register a vehicle sold by the petitioner to the Manager, Marthoma Higher Secondary School, Chungathara, Malappuram, the petitioner has filed Ext.P8 appeal before the Deputy Transport Commissioner (Central Zone-I), Thrissur under section 57 of the Kerala Motor Vehicles Act. It is contended that an order similar to Ext.P4 was set aside by the Deputy Transport Commissioner (South Zone), Thiruvananthapuram by Ext.P7 order dated 29.7.2011 and that as the issue has been resolved by one appellate authority, it is only just and proper that Ext.P8 is heard and disposed of expeditiously. 2. Ext.P4 order which is impugned in Ext.P8 appeal was passed on 12.8.2011. The period of limitation prescribed for filing an appeal is 30 days. The said period has not been expired. Therefore, the appeal filed by the petitioner is within time. The question that arises for consideration in the appeal filed by the petitioner is whether the vehicle referred to in Ext.P4 can be registered though the chasis W.P.(C) No.23805 of 2011 2 frame of the vehicle was extended by 58 cms. from the original chasis frame by a bolted joint and five seats were provided on the extended portion. Ext.P7 order discloses that the Deputy Transport Commissioner (South Zone), Thiruvananthapuram interfered with similar order and directed the Registering Authority, Thiruvananthapuram to register the vehicle. In such circumstances, I am of the opinion that the Deputy Transport Commissioner should consider Ext.P8 appeal and pass appropriate orders thereon expeditiously. I accordingly dispose of the writ petition with a direction to the third respondent to consider Ext.P8 appeal filed from Ext.P4 order on the merits and pass appropriate orders thereon expeditiously and in any event within one month from the date of receipt of a certified copy of this judgment after affording the petitioner and the owner of the vehicle, namely, the Manager, Marthoma Higher Secondary School, Chungathara, Malappuram an opportunity of being heard. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.23805 of 2011 JUDGMENT Dated:- 5th September, 2011 --------------------------------------