IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 36777 of 2008(C) ------------------------------------ PETITIONER(S): ------------------- R.PUSHPAKUMAR, SREERAGAM, PALLIPPURAM P.O., PIN 688 541, CHERTHALA,ALAPPUZHA DIST. BY ADV. SRI.N.J.MATHEWS SRI.GEORGE VARGHESE KIZHAKKAMBALAM RESPONDENT(S): ---------------------- 1. STATE OF KERALA, REP. BY SECRETARY, DEPT. OF TRANSPORT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE TRANSPORT COMMISSIONER, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE JOINT REGIONAL TRANSPORT OFFICER, CHERTHALA, ALAPPUZHA DIST. GOVT.PLEADER SRI.K.P.PRADEEP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.36777/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE DRIVING LICENCE ISSUED TO THE PETITIONER. EXT.P2: TRUE COPY OF THE CERTIFICATE OF REGISTRATION IN RESPECT OF THE SCOOTER WITH REGISTRATION KL04 C 623. EXT.P3: TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 3RD RESPONDENT TO THE PETITIOERN ON 27.7.2007. EXT.P4: TRUE COPY OF FORM NO.21 SUBMITTED BY THE petitioner REQUESTING FOR REGISTRATION OF HIS SCOOTER AS AN INVALID CARRIAGE. EXT.P5: TRUE COPY OF THE REPRESENTATION DT 18.8.2007 SUBMITTED BY THE PETITIOERN BEFORE THE 2ND RESPONDENT. EXT.P6: TRUE COPY OF THE LETTER DT 4.10.2007 SUBMITTED BY THE PETITIOERN TO THE PRINCIPAL SECRETARY OF THE 1ST RESPONDENT. EXT.P7: TRUE COPY OF THE REPLY DT 27.2.2008 RECEIVED BY THE PETITIONER FROM THE 3RD RESPONDENT. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 36777 OF 2008 (C) ==================== Dated this the 22nd day of January, 2009 J U D G M E N T Petitioner is a handicapped person. He purchased a two wheeler and wanted it registered as an “invalid carriage”. However, the authorities have declined registration. It is therefore, the writ petition is filed. 2. Learned Government Pleader has now made available a resolution of the Ministry of Shipping, Road Transport and Highways (Department of Road Transport and Highways) dated 23rd of July 2008, providing a scheme for registration of invalid carriages. 3. In the light of the scheme framed by the Government of India, the authorities are liable to consider the applications made in terms thereof. 4. Therefore, I direct that it will be open to the petitioner to approach the 3rd respondent and seek the registration of his two wheeler as an invalid carriage, in which case, the 3rd respondent shall consider the claim of the petitioner in the light of the resolution dated 23rd of July, 2008 passed by the Ministry of Shipping, Road Transport and Highways, WPC 36777/08 :2 : Government of India referred to above. 5. Petitioner shall produce a copy of this judgment before the 3rd respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp