IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 OP.No. 33184 of 2001(A) ----------------------- PETITIONER: ------------ AMMED M.C.P., S/O. ABDULLA, MEETHALE CHEEULIAPARAMBATH HOUSE, CHEEKUNNY, VADAKARA. BY ADV. SRI.G.PRABHAKARAN RESPONDENTS: ------------- 1. THE JOINT R.T.O.-CUM- ADDITIONAL REGISTERING AUTHORITY, REGIONAL TRANSPORT OFFICE, VADAKARA. 2. THE STATE TRANSPORT AUTHORITY, TVM., REP. BY ITS SECRETARY. BY G.P. SMT. T.B. REMANI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.54184/2001 DISMISSED. 4/1/2008 SD/- T.R. RAMACHANDRAN NAIR, JUDGE. APPENDIX EXT.P1-TRUE COPY OF THE REGISTRATION CERTIFICATE EXT.P1A-TRUE COPY OF THE PERMIT DATED 20.2.98 EXT.P2-TRUE COPY OF THE CIRCULAR DATED 18.10.96 EXT.P3-TRUE COPY OF THE ORDER IN CMP NO.43651/2001 IN OP 26951/2001 DT.12.9.01 // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - O.P.NO.33184 of 2001-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of January, 2008. JUDGMENT The issue that arises for consideration in this original petition relates to the action taken by the respondents in regard to the lorry bearing registration No.KL-8/L 122 having national permit issued by the State Transport Authority, Thiruvananthapuram. The petitioner alleges that the respondents have no power to reduce the carrying capacity of the vehicle. 2. The issue raised in this original petition is covered against the petitioner by the decision of this court reported in Jaleel v. State of Kerala (2002 (2) KLT 809) wherein it has been held that registration not in accordance with the provisions of the Act and Rules to the extent of such inconsistent endorsement shall not bind other State motor vehicle authorities and therefore the motor vehicle authorities in Kerala are justified in taking appropriate action in such cases authorised under the Act and Rules. In the light of the legal position laid down in the above decision by this court, there is no merit in the original petition and the same is dismissed. (T.R. Ramachandran Nair, Judge.) -2- kav/ T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No.33184 of 2001-A - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 4th January, 2008.