IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 25598 of 2011(Y) ---------------------------------------- PETITIONER(S): ------------------------- M/S.GOOD SHEPHERD PUBLIC SCHOOL, MADAPPALLY P.O., THENGANA, CHANGANACHERRY, KOTTAYAM DISTRICT, REPRESENTED BY TD MANAGER JOHN OOMMEN. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): ---------------------------- 1. THE ADDITIONAL REGISTERING AUTHORITY SUB REGIONAL TRANSPORT OFFICER, CHANGANASSERY, KOTTAYAM DISTRICT, PIN-686 101. 2. THE TRANSPORT COMMISSIONER, TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 001. BY GOVERNMENT PLEADER SMT.ANITHA REVINDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C).No. 25598 of 2011(Y) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: TRUE COPY OF THE COMMUNICATION DATED 16/7/2010 ISSUED FROM THE CENTRAL BOARD SECONDARY EDUCATION, NEW DELHI. EXHIBIT P2: TRUE COPY OF THE SALE CERTIFICATE ISSUED BY THE DEALERS AVG VEHICLE SALES & SERVICES PVT.LTD. KOTTAYAM DATED 29/8/2011 ISSUED IN FAVOUR OF THE PETITIONER. EXHIBIT P3: TRUE COPY FO THE APPLICATION DATED 3/9/2011 FOR REGISTRATION FILED IN FORM 20 BEFORE THE 1ST RESPONDENT. EXHIBIT P4: TRUE COPY FO THE CERTIFICATE ISSUED IN FORM 22 BY MANUFACTURER RELATING TO THE VEHICLE MENTIONED IN EXHIBIT P2. EXHIBIT P5: TRUE COPY OF THE CERTIFICATE ISSUED BY THE AUTOMOTIVE RESEARCH ASSOCIATION OF INDIA VIDE CERTIFICATE DATED 21/7/2010. EXHIBIT P6: TRUE COPY OF THE CIRCULAR DATED 6/4/2011 ISSUED BY THE TRANSPORT COMMISSIONER GRANTING APPROVAL TO EICHER LIGHT PASSENGER VEHICLES. EXHIBIT P7: TRUE COPY FO THE BROCHURE ISSUED BY THE MANUFACTURER OF EICHER MOTOR VEHICLE RELATING THE TECHNICAL DETAILS OF EICHER SKYLINE PASSNGER BUSES. EXHIBIT P8: TRUE COPY OF THE ORDER NO.C/1490/SZ/2011 DATED 29/7/2011 ISSUED BY THE DEPUTY TRANSPORT COMMISSIONER SOUTH ZONE, THIRUVANANTHAPURAM. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.S.TO.JUDGE sts P.N. RAVINDRAN, J. ------------------------------- W.P (C) No. 25598 of 2011 ------------------------------- Dated this the 21st day of October, 2011 J U D G M E N T The petitioner, an educational institution, has filed this writ petition seeking a direction to the first respondent to register the motor vehicle described in Ext.P3 application for registration, after examining whether it satisfies the conditions stipulated in Ext.P5 certificate issued by the Automotive Research Association of India. A similar vehicle was the subject matter of W.P.(C) No.23805 of 2011. In that case, the registration was declined and an appeal was taken to the Deputy Transport Commissioner. Though this Court directed the Deputy Transport Commissioner to dispose of the appeal, the petitioner therein was not satisfied and filed W.A.No.1514 of 2011 and in that writ appeal, a Division Bench of this Court directed the Transport Commissioner to consider the issue and to issue appropriate clarifications to the Deputy Transport Commissioner so as to enable him to dispose of the appeal. This Court also directed the Transport Commissioner to pass final orders within a period of three weeks from 14.10.2011. The said period is yet to expire. In such circumstances, as what the petitioner seeks is registration of a similar type of vehicle manufactured by the very same manufacturer, I am of the opinion W.P.(C) No.25598 of 2011 2 that he should move the Transport Commissioner by filing an appropriate representation. I accordingly dispose of the writ petition with a direction that in the event of the petitioner filing an appropriate representation before the second respondent and producing along with it the documents in support of its contentions, the Transport Commissioner shall consider the same in the light of the directions issued by the Division Bench of this Court in W.A.No.1514 of 2011 and issue appropriate orders within a period of two weeks from the date on which the petitioner produces a certified copy of this judgment along with the said representation. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No. 25598 of 2011 JUDGMENT Dated:- 21st October, 2011 --------------------------------------