IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 WA.No. 284 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.2737/2009 Dated 30/01/2009 .................... APPELLANT/PETITIONER: ------------------ G.O.JACOB, AGED 60 YEARS, S/O.LATE OUSEPH, NAJALIAN HOUSE, KALADY, ERNAKULAM DISTRICT. BY ADV. SRI.RAJESH VIJAYAN RESPONDENT/RESPONDENT -------------------- JOINT REGIONAL TRANSPORT OFFICER, ALUVA. GOVERNMENT PLEADER, SRI.NOBLE MATHEW. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ------------------------------- W.A.No.284 OF 2009 ------------------------------- Dated this the 16th day of February, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner is the registered owner of a goods vehicle bearing Registration No.KL-7/S 6870. It is being used to carry curry powders manufactured by the appellant. When the Fitness Certificate of the vehicle expired, he moved the respondent for renewal of the same. While so, he was served with Ext.P3 communication stating that an amount of Rs.16,200/- is due from the petitioner towards Advertisement fee under Rule 191 of the Kerala Motor Vehicles Rules. The petitioner filed his objections, Ext.P4, against it. Thereafter, the writ petition was filed seeking the following reliefs: (i) Issue a writ of mandamus or other appropriate writ order or direction directing the respondent to issue Certificate of Fitness and the original certificate of registration to the petitioner's vehicle bearing Registration No.KL-7/S 6870 immediately or at any rate within a time limit which may be prescribed by this Hon'ble Court. W.A.No.284/2009 2 (ii) Issue a writ of mandamus or other appropriate writ order or direction directing the respondent to grant sufficient opportunity of hearing to this petitioner before taking any further action on Ext.P3. 2. The learned Single Judge while disposing of the writ petition considered only 2nd prayer. Because of the non-issuance of the Fitness Certificate, he is not able to operate his vehicle and is suffering irreparable injury. Therefore, this writ appeal is filed praying that the 1st relief quoted above may also be granted. 3. As directed by this Court, the respondent has filed an affidavit. As per the said affidavit, it is submitted that the amount demanded under Ext.P3 is the Advertisement fee due from 28.6.2000. 4. The appellant submits, the earlier demands made in relation to Advertisement fee have already been paid by him. The present demand is raised, without noticing the aforementioned payments. Therefore, without considering Ext.P4, coercive steps may not be taken against him, it is submitted. W.A.No.284/2009 3 5. We feel that the respondent should be directed to grant Fitness Certificate, if, the appellant's vehicle is otherwise eligible for the same, subject to conditions. The respondent is directed to inspect or cause to inspect the vehicle and consider his application, for Fitness Certificate for the aforementioned vehicle and grant the same, if the vehicle is otherwise eligible for it, within one week from the date of production of a copy of this judgment. In other words, the Fitness Certificate shall not be rejected for the reason that he has failed to pay the amount due under Ext.P3. But, while issuing the Fitness Certificate, the respondent shall endorse in the R.C.Book, the liability of the petitioner as per Ext.P3. The endorsement shall be deleted, if only, the demand is met or the demand is set aside by the competent authority/court. The direction of the learned Single Judge regarding 2nd prayer is upheld. The writ appeal is disposed of as above. (K.BALAKRISHNAN NAIR, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) ps