IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 36399 of 2008(G) -------------------------------------- PETITIONER: ------------------- SAJI THOMAS, AGED 44, S/O.P.T.THOMAS, PROPRIETOR, IMAGES CINE UNIT, PULLANAPPALLIL HOUSE, S.H.MOUNT, KOTTAYAM. BY ADV. SRI.M.A.FAYAZ. RESPONDENTS: ----------------------- 1. THE DEPUTY TRANSPORT COMMISSIONER, CENTRAL ZONE II, ERNAKULAM. 2. THE REGIONAL TRANSPORT OFFICER, KOTTAYAM. R1 & R2 BY GOVT. PLEADER SRI. P.N. SANTHOSH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. ANTONY DOMINIC, J. ----------------------------- W.P.(C) No.36399 of 2008 -------------------------------------- Dated this the 23rd day of January, 2009 JUDGMENT Challenge in this writ petition is against Exhibits P3 and P5. Petitioner is the proprietor of an establishment by the name 'Image Cine Unit'. 2. He purchased a vehicle bearing registration no. KEK 4237 and applied for sanction to allow the vehicle to be used as a Generator van. But the same was rejected by the 2nd respondent vide Exhibit P3. Aggrieved by the same, the petitioner filed appeal on the ground that Exhibit P3 order is against the mandate of section 52 of the M.V. Act, 1988. Appeal was rejected as per Exhibit P5. It is challenging these two orders, this writ petition has been filed. 3. Learned counsel for the petitioner invited my attention to Exhibits P6 and P7, where in similar circumstances permission has been granted. Learned counsel also invited my attention to Exhibit P12, a judgment of this court in W. P(C) No.35289 of 2003, where a similar request has been directed to be allowed. Counsel also refers me W.P.(C) No.36399/2008 2 Exhibit P8 and P11 rendered by this court, wherein similar requirement application was made. 4. In the light of the judgments referred above and also Exhibits P6 and P7, I am not in a position to sustain Exhibits P3 and P5. Accordingly, quashing Exhibits P3 and P5, I direct the first respondent to pass fresh orders in the light of the aforesaid judgments. Orders shall be passed as expeditiously as possible at any rate within four weeks of production of copy of this judgment. ANTONY DOMINIC, JUDGE scm