IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 WA.No. 1650 of 2011() --------------------- AGAINST THE JUDGEMENT IN WPC.27528/2011 Dated 18/10/2011 .................... APPELLANT/ PETITIONER ------------------------ THE MANAGER, VENERINI SCHOOL, CHERUVANNUR, FEROKE COLLEGE, KOZHIKODE. BY ADV. SRI.O.D.SIVADAS RESPONDENT/ RESPONDENT ------------------------- THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPROT OFFICE, KOZHIKODE – 673 121 GOVT.PLEADER, SRI.GEORGE MECHERIL. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR, Ag.C.J. & P.S.GOPINATHAN, J. ---------------------------------- W.A.No. 1650 OF 2011 ----------------------------------- Dated this the 2nd day of November, 2011 J U D G M E N T ~~~~~~~~~~~ C.N.Ramachandran Nair, Ag.C.J. The appellant is the Manager of a School, who has approached this Court for direction to the R.T.O. to consider issuance of fitness certificate for the school bus. The learned Single Judge noticed that the application is not fully filled up by the appellant and for the said reason the prayer was declined. At the admission stage of the Writ Appeal, we have heard the learned Government Pleader also. 2. The learned Government Pleader defended the judgment by contending that so far as fitness certificate to be issued to the vehicle is concerned, particulars of the vehicle should be filled up meticulously in terms of the application. We are in complete agreement with this because, fitness has to be considered with reference to the year of registration, nature of operations, the depreciation suffered and all other matters. W.A.No.1650/2011 2 However, we feel, the filing of a defective application should not debar the appellant from getting the vehicle examined for issuance of fitness certificate again by filing a proper application. 3. The Writ Appeal is accordingly disposed of modifying the judgment of the learned Single Judge with direction to the appellant to submit a proper application with all the details of the vehicle before the R.T.O. along with a copy of this judgment for the R.T.O. to examine the vehicle and consider its suitability for issuing fitness certificate. 4. The learned counsel for the appellant submitted that the vehicle is aged more than 15 years and so much so, the R.T.O. should be very careful in certifying fitness for the vehicle because it is going to be used for transport of school children. In other words, unless the vehicle is operationally fit he should not certify fitness. We feel if the vehicle was all through owned by the school and was run as a school bus then it may not have suffered the errosion and depreciation as a stage carriage or as a W.A.No.1650/2011 3 contract carriage and so much so, actual depreciation, that is, wear and tear and the erosion in the operation and the efficiency of the vehicle as of now should be considered while considering fitness and not just the chronological age of the vehicle. (C.N.RAMACHANDRAN NAIR, Acting Chief Justice) (P.S.GOPINATHAN, JUDGE) ps/4/11