ABEESH RAHMAN M. L. Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petitioner is the registered owner of a tipper lorry bearing registration No. KL 47/ H 7457 evidenced by Ext.P1 registration certificate. The goods carriage permit issued to the above vehicle is Ext.P2. It seems that on 19/12/2020, the above vehicle met with an accident and crime No.773/2020 of Walayar Police station was registered. The vehicle sustained extensive damages. On inspection of the vehicle, the authorised service centre of the vehicle had informed that the chasis of the vehicle was not repairable and it needs replacement with a new one. Accordingly, petitioner gave a declaration to be produced before the 4th respondent for necessary sanction along with a letter issued by the service provider. This was produced before the 4th respondent along with an application by the petitioner on 28/1/2021. The grievance of the petitioner is that 4th respondent refused to consider the application on the ground that two check reports are pending against the vehicle and he has to remit the fine in respect of both the check reports. The application was hence kept pending. The reply given by the 4th respondent it is produced as Ext.P6.

(2.) The grievance of the petitioner is that, the stand of the 4th respondent is illegal and there is a colourable exercise of the jurisdiction by the 4th respondent. The respondents 1 to 4 have failed to perform their respective statutory duties. Hence, the writ petition was filed for a direction to the 4th respondent to consider his application and to grant permission as required under law.

(3.) Vehemently opposing the application, the learned Government Pleader relied on a statement filed by the 4th respondent. According to the 4th respondent vehicle was detected with overload on 10/2/2020 and 17/3/2020 and for that due steps have been initiated to compound the offence under section 194 of the Motor Vehicles Act and prosecution process is ongoing. At that time, the vehicle met with the accident. The 4th respondent relied on the notification GSR No.584E dated 25/9/2020 which provided that if a chalan is due beyond the time period specified in the sub rule(5), except in the case of offences instituted for prosecution by a court, then the application with respect to the license of offender or registration of motor vehicle mentioned in the chalan shall not be processed by the licensing authority or registering authority, except applications relating to permit, fitness and taxe(s) of the motor vehicle.