1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD).Nos.14852 and 14853 of 2011 and M.P.(MD) Nos.1 and 1 of 2011 The Chairman, Sathyam College of Engineering and Technology, Sathyam Nagar,Kannappanallur, Aralvoimozhi Post, Kanyakumri District. : Petitioner in both WPs Vs. The Motor Vehicle Inspector, Grade - I, Regional Transport Office, Nagercoil-1,Kanyakumari District. : Respondent in both WPs PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to entertain the application for renewal of Fitness Certificates for the vehicles bearing Registration Nos.TN-45-AF-0099 and TN-74-K-6657 and issue the Certificate of Fitness for the vehicles. For Petitioner : M/s.C.K.M.Appaji For Respondent : Mr.T.R.Janarthanan, Additional Government Pleader. COMMON ORDER This writ petition has been filed seeking for the issuance of a Writ of Mandamus directing the respondent to entertain the application for renewal of Fitness Certificates for the vehicles bearing Registration Nos.TN-45-AF-0099 and TN-74-K-6657 and issue the Certificate of Fitness for the vehicles. 2. Heard Mr.C.K.M.Appaji, the learned counsel appearing for the petitioner. Mr.T.R.Janarthanan, learned Additional Government Pleader takes notice for the respondent. 3. By consent of both parties, this writ petition itself is taken up for final disposal. 4. The learned Counsel appearing for the petitioner would submit that after the Educational Authorities permitted the petitioner to conduct Engineering Course for six subjects, the petitioner college admitted 1,000 students and 60 staff are also employed in the college. The petitioner college, in order to facilitate the transportation of its students and staff, had acquired two second hand Ashok Leyland passenger buses bearing Registration Nos.TN-45-AF-0099 and TN-74-K-6657 and Chassis Nos.WDF-546648 and DFE-574284 respectively in the year 2008. Thereafter, though the respondent has also issued a permit to ply the vehicles for Educational Institution in Permits No.54/TN74/EIB/2009 and No.70/TN74/EIB/2010, and when the petitioner college has been utilising the vehicles for regular drop and pick up of their students and staff, by complying with all the other formalities, only on an https://hcservices.ecourts.gov.in/hcservices/ 2 information by the petitioner's financier, the respondent refused to entertain the application to renew the Fitness Certificate of the vehicles in the prescribed form CFRA. On the other hand, the respondent has imposed a pre-condition to submit the original Registration Certificate Book for issuance of the Fitness Certificate. Though the petitioner college made a representation on 13.10.2011 informing the above fact and requested the respondent to issue Fitness Certificate on scrutinising available xerox copies of the original, the respondent has not considered the genuine request and finally refused to issue Certificate of Fitness. 5. It has been submitted that Section 130(3) of the Motor Vehicles Act, 1988, recites that even photo copy of the originals also can be produced before the Authorities concerned in the event of non availability of the originals. After proper verification, thereafter the respondent is bound to consider the case of the petitioner under Rule 115 of the Tamil Nadu Motor Vehicles Act, 1989, for issuance of Fitness Certificate or for renewal by the Registering Authority under Section 56 of the Motor Vehicles Act, 1988. However, the said submission made by the petitioner was refuted by the learned Additional Government Pleader appearing for the respondent saying that the petitioner is bound to produce the original certificates. But, Section 130 (3) of the Motor Vehicles Act, 1988, says that if any or all the certificates are not in possession of the original owner, they can submit the photo copy of the same duly attested in person. Therefore, I do not find any impediment in directing the respondent to entertain the petitioner's application for renewal of Fitness Certificate for the vehicles bearing Registration Nos.TN-45-AF-0099 and TN-74-K-6657. Accordingly, the respondent is directed to entertain the application of the petitioner's for renewal of Fitness Certificates for the vehicles bearing Registration Nos.TN-45-AF-0099 and TN-74-K-6657 and pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. With the above directions, the writ petitions are disposed of. No costs. Consequently, connected miscellaneous petition are closed. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To The Motor Vehicle Inspector,Grade -I, Regional Transport Office, Nagercoil-1,Kanyakumari District. 2CC'S TO Mr.C.K.M.Appaji, Advocate, Sr.Nos.45484 and 45485 +one cc to Special Government Pleader, Sr.No. 45997 Order made in W.P.(MD).Nos.14852 and 14853 of 2011 22.12.2011 srm/SMA/2.1.2012/5C/2P https://hcservices.ecourts.gov.in/hcservices/