IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 8420 of 2009(V) --------------------------------------- PETITIONER(S): ------------------------ P.J. DAVIS, AGED 55 YEARS, S/O. OUSEPH, PALLIPPATT HOUSE, IRINJALAKUDA. BY ADV.MR.P.DEEPAK RESPONDENT(S): --------------------------- THE JOINT REGIONAL TRANSPORT OFFICER (REGISTERING AUTHORITY), IRINJALAKUDA. BY GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.8420/2009 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RELEVANT PAGES OF THE CERTIFICATE OF REGISTRATION OF THE KL-07/L 926. P2: COPY OF THE CLEARANCE CERTIFICATE ISSUED BY THE RTO, SRTC, MATTANCHERRY DTD. 24/11/2008. P3 & P3(A):COPIES OF THE FORM 29 & FORM 30 NOTICES DTD.29/11/2008. P4: COPY OF AFFIDAVIT DTD. 1/12/2008. P5: COPY OF THE COMMUNICATION DTD. 5/01/2009 OF THE RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss V.GIRI,J. ------------------------- W.P ( C) No. 8420 of 2009 -------------------------- Dated this the 9th June,2009 J U D G M E N T Petitioner purchased a vehicle with a seating capacity of seven which was being used as Light Motor Vehicle-Private Service and is covered by Exhibit-P1 permit. Petitioner wants to operate the vehicle as a private vehicle. An application submitted by the petitioner for transfer of ownership has been rejected by the Joint Regional Transport Officer as per Exhibit-P5 order on the ground that seating capacity is not tallying with the specification of the manufacturer and the same is under challenge in this writ petition. 2. I heard learned Government Pleader also. 3. The discrepancy in the seating capacity going by the specification of the manufacturer is not a ground to deny transfer of ownership if it is otherwise eligible to be granted. If there is any change in the seating capacity it becomes relevant only if the vehicle is sought to be W.P ( C) No. 8420 of 2009 2 registered as a Transport Vehicle. Accordingly Exhibit-P5 is quashed. Respondent is directed to pass fresh orders on Exhibit P3 (a) within three weeks from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No. 8420 of 2009 3 W.P ( C) No. 8420 of 2009 4