LAWS(KER)-1995-10-26

POULOSE MATHAI Vs. JOINT REGIONAL TRANSPORT OFFICER THALASSERY

Decided On October 10, 1995
POULOSE MATHAI Appellant
V/S
JOINT REGIONAL TRANSPORT OFFICER, THALASSERY Respondents

JUDGEMENT

(1.) Petitioner in this original petition seeks for issuance of a writ of certiorari or appropriate orders to quash Ext.P2 order passed by the registering authority, namely; the respondent herein. He also seeks for issuance of a writ of mandamus or order compelling the respondent to assign new registration mark for the vehicle PY- 03/0586 with the seating capacity vide 45 in all and to endorse the transfer of ownership of vehicle in favour of the petitioner.

(2.) I heard the learned counsel appearing for the petitioner as well as the learned counsel for the respondent.

(3.) According to the petitioner, the vehicle in question was originally registered in the State of Kerala, in Wynad District as KLM 2530. The details of the description of the vehicle had been specified in the registration certificate, copy of which is produced as Ext.P1. It is seen from Ext. P1 that the vehicle has been registered in the State of Kerala on 23- 10-1986 and at the time of registration, the colour of the body of the vehicle was red and the year of the manufacture of the vehicle is of the year 1986. In column 16 of Ext. P1 the gross weight of the vehicle has been specifically stated as 15,240 Kgs. and base of the wheel base was noted as 519.5 cms. With the above description, the vehicle provided for 45 seats in all and the registering authority had registered the vehicle and assigned the registration marks as KLW 2530. It is the further case of the petitioner that the ownership of the said vehicle had been transferred in favour of three other persons and the petitioner has purchased the vehicle on 3-7-1995.