ABEESH RAHMAN Vs. SUB REGIONAL TRANSPORT OFFICER

JUDGEMENT

(1.) The petitioner states that he is a carriage operator and owns lorries bearing registration No. KL-47G--8089, KL-47-J-0376 and KL-47-H-7457. He states that when he approached the 1st respondent for obtaining interstate permits, the same was refused on the ground that certain check reports were pending against the vehicles. Being aggrieved, the petitioner is before this Court seeking a direction to the respondents to issue interstate permit, renew and issue the fitness certificates of his vehicles without insisting on clearing any pending check reports.

(2.) I have heard Sri. P.M.Ziraj, the learned counsel appearing for the petitioner and the learned Government Pleader.

(3.) Sri. P.M.Ziraj relying on a judgment of a learned Single Judge of this Court in Kerala Bus Transport Association and Another v. Transport Commissioner [2013 (1) KLT 440], contended that refusal or renewal of permit or declining the certificate of fitness owing to the pendency of a check report is wholly inequitable. The learned counsel would also refer to the judgment of a Division Bench of this Court in W.A.No. 2554 of 2017 dated 13.12.2017, wherein this Court relying on the dictum laid down by this Court in State of Kerala and Another v. C.P.Varghese [2017(3) KLT 744], held that the pendency of the check report cannot be used to deny the registered owner his right to transfer the vehicle or in seeking endorsement of the same in the registration certificate.