IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 WP(C).No. 36903 of 2010(K) -------------------------- PETITIONER: --------------- U.P.KASIM, S/O.UMMER, UNNIYAPPANTA PURAKKAL, NIRAMARTHUR, TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.C.M.MOHAMMED IQUABAL RESPONDENT: ----------------------- THE JOINT R.T.O., TIRUR, MALAPPURAM DISTRICT - 678086. BY GOVT. PLEADER SHRI. P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC 36903/2010 PETITIONER'S EXTS: EXT.P1: THE TRUE COPY OF THE PERMIT NO: C2/17503/97/MT DT. 3.1.1998 ISSUED BY THE REGIONAL TRANSPORT AUTHORITY, TIRUR\ EXT.P2: -DO- OF THE ORDER DT. 24.2.1999 ISSUED BY THE RESPONDENT EXT.P3: -DO- OF THE PAGES 1 TO 17 OF THE R.C. BOOK OF VEHICLE NO: KL- 10/B 6217 OF MAHINDRA JEEP EXT.P4: -DO- OF THE JUDGMENT DT. 6.10.2006 IN O.P.8566/2000 EXT.P5: -DO- OF THE REPRESENTATION FILED BEFORE THE RESPONDENT DT. 26.11.2010 jj /TRUE COPY/ P.S TO JUDGE K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 36903 OF 2010 ----------------------------------------------------------- Dated this the 1st September, 2011. JUDGMENT The petitioner is the owner of a Mahindra Jeep bearing registration No: KL-10/B 6217. The vehicle was being operated as a contract carriage on the strength of a valid permit issued by the respondent. While so, for violations committed by the petitioner, the permit was cancelled as per Ext.P2 proceedings. According to the petitioner, the vehicle has been remaining idle ever since. As a result, the petitioner has suffered heavy losses. According to the counsel for the petitioner, the petitioner now wants to use his vehicle as a private vehicle and has sought for conversion of his vehicle. Ext.P5 request is pending before the respondent. The limited prayer of the petitioner now is for a direction to the respondent to consider and dispose of Ext.P5. 2. The learned Govt. Pleader points out that the permit of the vehicle concerned was cancelled for violations detected by the respondent. Check reports are pending in respect of the vehicle, as evidenced by Ext.P3, which would have to be compounded by WPC 36903/2010 2 paying fine. If the petitioner is ready to make all the payments due and to complete the other formalities, the petitioner's request could be considered. The difference in tax would also have to be paid by the petitioner, it is submitted. According to the counsel for the petitioner, the petitioner is ready to comply with all the necessary formalities. 3. In view of the above submissions, this writ petition is disposed of directing the respondent to consider the request of the petitioner evidenced herein by Ext.P5 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of this judgment, provided the petitioner satisfies the other necessary formalities like payment of fine, compounding fee etc. Ordered accordingly. K. SURENDRA MOHAN Judge jj WPC 36903/2010 3