IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(C).No. 24538 of 2010(N) ------------------------------------ PETITIONER(S): ----------------------- K.KANAKARAJ, AGED 53 YEARS S/O.LATE KUPPUSWAMI CHETTIAR, 1/158, THARAKATH HOUSE, CHITTUR, PALAKKAD , PIN 678 101 BY ADVS. SRI.SAJEEV KUMAR K.GOPAL SMT.AMBIKA RADHAKRISHNAN RESPONDENT(S): -------------------------- THE REGISTERING AUTHORITY, THE REGIONAL TRANSPORT OFFICE PALAKKAD, PIN 678 101 SR. GOVERNMENT PLEADER SRI.K.S.MUHAMED HASHIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 24538 OF 2010 N ----------------------------------------------------------- Dated this the 12th August, 2010. JUDGMENT The petitioner is the registered owner of stage carriage vehicle bearing registration No: KL-07/J-9510 which is covered by a regular permit on the route Palakkad – Gopalapuram. He has produced Exts.P1 and P2 which are copies of the permit and registration certificate. The petitioner wants to replace his existing vehicle with a later model vehicle. For the purpose, he has submitted Exts.P3 and P4 applications for transfer of ownership in respect of a vehicle bearing registration No: KL-09/E-4300. According to the petitioner, the same is accompanied by all the relevant documents. However, the same has not been considered by the respondent for the reason that the petitioner has not produced his election identity card or ration card in proof of his address. According to the petitioner, the said documents are not necessary to be produced to prove his address. Instead, the petitioner has submitted an affidavit as required by law, which is Ext.P6. On the basis of the said documents, he seeks a direction to the respondent to consider his application. WPC 24538/2010 2 2. A statement has been filed on behalf of the respondent. According to the statement, the petitioner had not produced the voters identity card or ration card at the time of transfer of his permit in 2001. In order to prove his address, the petitioner had produced a life insurance policy dated 9/8/2001 issued by the Chittur branch of LIC in Palghat district. Since there is difference in the residential address shown by the petitioner as evidenced by his voters identity card and the life insurance policy, the respondent is in the process of having an enquiry conducted. Once the enquiry is complete, it is submitted that the petitioner's application would be considered and appropriate orders passed. It is also submitted by the learned senior Govt. Pleader that the petitioner had been asked to appear for a personal hearing on 6/8/2010 but that he had filed this writ petition without availing the said opportunity. 3. In view of the fact that the respondent is in the process of considering the applications submitted by the petitioner it is not necessary for me to consider the merits of the contentions raised in this writ petition. It is sufficient that the respondent is directed to complete the proceedings without further delay. 4. In the above circumstances, this writ petition is disposed of directing the respondent to consider the application for transfer WPC 24538/2010 3 of ownership of his vehicle submitted by the petitioner in accordance with law and to pass appropriate orders thereon as expeditiously as possible and at any rate within a period of two weeks from the date of completion of the enquiry that is being conducted into the question as to the proper residential address of the petitioner. It is submitted by the counsel for the petitioner that his vehicle would complete 15 years on 19/8/2010. If the petitioner moves respondent for time to replace his vehicle, the respondent shall grant time till final orders are passed as indicated above. K. SURENDRA MOHAN Judge jj WPC 24538/2010 4