M KUNHANI Vs. REGIONAL TRANSPORT OFIICE

JUDGEMENT

(1.) The above Writ Appeal is filed against the Judgment in O. P. No. 19880 of 2000 by the petitioner in O. P. No. 19880 of 2000. According to the appellant, he was a dealer under the Motor Vehicles Act and he obtained trade certificate from the Registering Authority, viz., Regional Transport Officer, Malappuram, the first respondent. As per Order dated 6th November 1997, the Transport Commissioner, Thiruvananthapuram, allowing the appeal filed by one Kunhu Moidu, granted his request for issuing trade certificate in his favour for the period 1997, having found that he would come within the definition of a dealer.

(2.) The appellant herein applied for getting transferred to his name the trade certificate, since he is having a well equipped workshop dealing in goods auto vehicles as well as hire purchase business and with facilities for building bodies for attachment to chassis. The appellant has also got facilities for hire purchase of vehicles of two wheelers as well as three wheelers. When he had approached the first respondent for transfer, the same was allowed. Due endorsement was also made to that effect. The validity of that certificate expired by 17th July 1998. The first respondent renewed trade certificate in the name of the appellant till 16th July 1999. For further renewal when action was taken, the first respondent directed the appellant to appear before him to clarify whether the trade certificate sought for by him is as the dealer of the manufacturer in the restricted sense or only as a builder, repairer or hire purchase dealer. The appellant had given a reply on 10th July 2000 as per Ext. P - 4. Since no certificate was issued, he approached this Court. Originally, the certificate was renewed for a period of six days. Subsequently, it was further extended for a period of one month. The period was valid upto 24th August 2000.

(3.) In the Original Petition, the fifth respondent got himself impleaded. The matter was disposed of by the learned Single Judge on 24th August 2000. The learned judge directed the appellant to appear before the Regional Transport Officer and in the penultimate paragraph held that if the appellant has a specific case that he wants trade ' certificate for the purpose of making first sale in the State after getting new and unregistered vehicles from the manufacturer, he has necessarily to produce dealership certificate and other necessary documents from the manufacturer. It is against that the present appeal is filed.