SINDHU JOJO Vs. JOINT REGIONAL TRANSPORT OFFICER, ANGAMALY

JUDGEMENT

(1.) The petitioner, who is the registered owner of a stage carriage bearing registration No. KL-63/C-8000, which is a 2015 model vehicle covered by Ext. P1 stage carriage permit on the route Olivemount-Ayyampuzha, which is valid till 20.10.2022, has filed this writ petition under Art. 226 of the Constitution of India, seeking a writ of mandamus commanding the 1st respondent Joint Regional Transport Officer to renew the certificate of fitness of her stage carriage without insisting the colour scheme specified in Ext. P2 decision of the State Transport Authority dated 04.01.2018, till the next renewal of certificate of fitness of vehicle, by considering and finalising Ext. P4 request dated 28.10.2018.

(2.) Heard the learned counsel for the petitioner and also the learned Senior Government Pleader appearing for the respondents.

(3.) Going by the averments in the writ petition, the petitioner is conducting ordinary moffussil service on the strength of Ext. P1 regular permit on the route Olivemount-Ayyampuzha with a stage carriage bearing registration No. KL-63/C-8000, which is a 2015 model vehicle. The certificate of fitness of the said vehicle was valid upto 08.11.2018. According to the petitioner, in the recent flood, the paint of her vehicle, which was painted with multicolour (green-yellow-blue) faded completely and therefore, she re-painted the vehicle with multi colour in the very same colour pattern. When the petitioner approached the 1st respondent Registering Authority for renewal of the certificate of fitness, application was not entertained on the ground that as per Ext. P2 decision of the State Transport Authority ordinary moffussil service vehicle has to be painted with deep sky blue colour with three equally spaced white lines below the height of the wheel arch. Therefore, the petitioner made Ext. P4 request dated 28.10.2018 seeking renewal of certificate of fitness, without insisting the uniform colour scheme in Ext. P2 decision of the State Transport Authority.