IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 WP(C).No. 34877 of 2009(D) ------------------------------------ PETITIONER(S): ------------------------ SUBHASH, S/O.VELAYUDHAN PILLAI, PUTHENPARAMBIL PORATHISSERY IRINJALAKKUDA. BY ADVS. MR.G.HARIHARAN MR.PRAVEEN.H. RESPONDENT(S): ------------------------- 1. THE JOINT R.T.O. IRINJALAKUDA. 2. ASSISTANT MOTOR VEHICLE INSPECTOR, SUB REGIONAL TRANSPORT OFFICE, IRINJALAKUDA. BY GOVT. PLEADER MR.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMACHANDRA MENON, J ----------------------------- W.P(C) No. 34877 of 2009 -D ------------------------------ Dated this the 6th day of January, 2010. J U D G M E N T The grievance exposed in this writ petition is that the application preferred by the petitioner before the first respondent seeking for alteration of his vehicle Tempo Trax bearing No.KL-9N- 2403 (which presently is used as a goods carriage) as a passenger carrying vehicle, with seating capacity of 10, has not been positively dealt with by the first respondent, under the misconception that it is contrary to the stipulations under Section 52 of the Motor Vehicles Act. The specific contention raised by the petitioner in this writ petition is that the reclassification of type of vehicle as requested by the petitioner will not attract the mandate under Section 52 of the Motor Vehicles Act. 2. The learned Government Pleader appearing for the respondents submits that Ext.P4 representation preferred by the petitioner in respect of the grievance projected in the writ petition is pending consideration before the first respondent and that the first W.P(C) No. 34877 of 2009 -D 2 respondent is ready and willing to consider it on merit, within a reasonable time. 3. In the above facts and circumstances the first respondent is directed to consider and pass appropriate orders on Ext.P4 in accordance with law, after giving an opportunity of hearing to the petitioner as expeditiously as possible, at any rate within three weeks from the date of receipt of the copy of this judgment. The Writ Petition is disposed of accordingly. Sd/- P.R.RAMACHANDRA MENON JUDGE //True Copy// PA to Judge ab W.P(C) No. 34877 of 2009 -D 3