IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 WP(C).No. 7337 of 2008(W) ---------------------------------------- PETITIONER(S): ------------------------- MANOJKUMAR K.T., S/O.THANKAPPAN NAIR, 11/116 KALISSERY DEVI VILASAM, KOONAMMAVU P.O., N.PARAVOOR. BY ADV. MR.G.HARIHARAN RESPONDENT(S): --------------------------- 1. THE REGIONAL TRANSPORT OFFICER, CIVIL STATION, KAKKANAD, ERNAKULAM. 2. THE JOINT REGIONAL TRANSPORT OFFICER, NORTH PARAVOOR. R1 & R2 BY GOVERNMENT PLEADER MR. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.7337/2008 W APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REGISTRATION CERTIFICATE RELATING TO VEHICLE NO.KL-6/A 4950. P2: COPY OF THE APPLICATION DTD. 15/01/2008 FILED BY THE APPELLANT. P3: COPY OF THE APPLICATION FILED IN FORM 12 LICENCE TO ENGAGED IN THE BUSINESS OF IMPARTING INSTRUCTIONS IN DRIVING. P4: COPY OF THE PROFILE RELATING TO TREKKER VEHICLE DOWN LOADED FROM INTERNET. P5: COPY OF THE JUDGMENT MADE IN ORIGINAL PETITION NO.2637 OF 2003. P6: COPY OF THE JUDGMENT DTD. 14/02/2008 MADE IN WRIT PETITION NO. 4768/08. P7: COPY OF THE PROCEEDINGS DTD. 30/01/2008 PASSED BY THE 2ND RESPONDENT REJECTING EXT.P2 APPLICATION. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.7337 OF 2008 ------------------------------------------- Dated this the 5th day of February, 2010 JUDGMENT The petitioner applied for re-classification of his vehicle. The second respondent has filed a counter affidavit stating that alteration, if granted, will affect the safety of passengers. Detailed reasons also are stated in that counter affidavit. The second respondent stand to say also that the issue relating to the petitioner's claim no more survives since orders were already issued. Accordingly, I do not find any legal infirmity in that stand particularly when the pleadings and facts stated by the second respondent is not controverted by any reply affidavit. The writ petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.09/02.