IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 WP(C).No. 34384 of 2009(P) ------------------------------------- PETITIONER(S): ------------------------ K.JAYAPRAKASH, S/O. RAGHAVAN NAIR, MADHAVI MANDIRAM, PERINGODE P.O., PALAKKAD. BY ADV. MR.SAJU J.VALLYARA RESPONDENT(S): ------------------------ THE JOINT REGIONAL TRANSPORT OFFICER, PATTAMBI, PALAKKAD DISTRICT. BY GOVT. PLEADER MR.ARAVINDA KUMAR BABU T.K. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.34384/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE KL-09/P.7265. P2:- COPY OF THE PERMIT IN RESPECT OF KL-09/P.7265, VIDE NO.TVP.G3/236/04/P ISSUED BY THE SECRETARY, RTA., PALAKKAD ON 2.11.04. P3:- COPY OF THE REQUEST DTD. 21.11.09 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. TRUE COPY P.A. TO JUDGE tss P.N.RAVINDRAN, J. ---------------------------- W.P.(C)No.34384 of 2009 ---------------------------- Dated 15th January, 2010 JUDGMENT The petitioner is the owner of a motor car bearing registration No.KL-09/P 7265. The said vehicle was used as a taxi car on the strength of Ext.P2 permit that was valid up to 1.11.2009. In the registration certificate relating to the said vehicle the class of the vehicle is shown as “All India Tourist Taxi”. After Ext.P2 permit expired, the petitioner submitted Ext.P3 letter dated 21.11.2009 to the Joint Regional Transport Officer, Pattambi requesting him to alter the class of the vehicle as “Motorcab”. In that application he stated that he has not sought a renewal of Ext.P2 permit and that he is no longer using the vehicle as a taxi. He also stated that he intends to use the vehicle as a motorcab. The Joint Regional Transport Officer, Pattambi returned the original of Ext.P3 to the petitioner with an endorsement which reads as follows: “Returned to the applicant directing him to produce proceedings of the Secretary, State Transport Authority, Thiruvananthapuram, since the permit issued from State Transport Authority, Thiruvananthapuram.” This writ petition was thereupon filed challenging the said endorsement and seeking a writ in the nature of mandamus commanding the Joint WP(C).No.34384/2009 2 Regional Transport Officer, Pattambi to consider the request made by the petitioner in Ext.P3 for change of the class of the vehicle without insisting on production of an order from the Secretary, State Transport Authority, Thiruvananthapuram. 2. In Ext. P1 certificate of registration, the petitioner's vehicle is described as “All India Tourist Taxi”. The petitioner purchased the said vehicle on 14.10.2004, the date on which it was registered. Thereafter Ext.P2 permit was issued to him on 2.11.2004 by the Secretary, Regional Transport Authority, Palakkad. The said permit was valid only till 1.11.2009. The petitioner has not sought a renewal of Ext.P2 permit thereafter. Instead, he moved the respondent seeking alteration of the description of the vehicle in Ext.P1 as a “Motorcab” in the place of “All India Tourist Taxi”. The respondent declined to change the class of the vehicle stating that the petitioner should produce an order from the State Transport Authority, Thiruvananthapuram since Ext.P2 permit was issued by State Transport Authority. In my opinion, the stand taken by the respondent cannot be sustained. What the petitioner has sought in Ext.P3 is not an alteration of Ext.P2 permit. Ext.P2 permit ceased to be in force on 1.11.2009. What the petitioner seeks is a change of the description of his car in Ext.P1 certificate of registration. The certificate of WP(C).No.34384/2009 3 registration was issued by the Motor Vehicle Inspector, Pattambi, the then registering authority. Therefore, the Joint Regional Transport Officer, Pattambi who is presently the registering authority, cannot insist that the petitioner should obtain an order from the State Transport Authority, Thiruvananthapuram for making necessary alterations in Ext.P1 certificate of registration. I accordingly dispose of this writ petition with the direction that in the event of the petitioner submitting an appropriate application to the respondent in prescribed form, if any, or on plain paper requesting for change of the class of his vehicle and paying the requisite fee, the respondent shall consider the same and pass necessary orders thereon expeditiously and in any event within one month from the date on which such application is submitted by the petitioner. P.N.RAVINDRAN Judge TKS