C.K. BALAKRISHNAN Vs. STATE TRANSPORT AUTHORITY

JUDGEMENT

(1.) The petitioner, who is the registered owner of a stage carriage bearing registration No. KL-09/R-1819, which was being operated on the route Palakkad-Kadambazhipuram, is before this Court in this writ petition filed under Art. 226 of the Constitution of India seeking a writ of mandamus commanding the 1st respondent State Transport Authority to add the period of non-use of that stage carriage, which was detained in the Armed Reserve Camp, Kallekkad for nearly three years, along with the 15 years life of that stage carriage, so that the period of non-use is added after the 15 years life span of that vehicle. The petitioner has submitted Ext.P5 representation dated 20.9.2017 before the 1st respondent State Transport Authority and Ext.P6 representation dated 20.9.2017 before the 2nd respondent State, the 3rd respondent Regional Transport Authority and the 4th respondent Secretary of that Authority for that purpose.

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

(3.) As per Ext.P1 certificate of registration, the stage carriage owned by the petitioner is a 2005 model vehicle manufactured by M/s. Ashok Leyland Ltd. The date of delivery and the date of initial registration of the said vehicle are 9.6.2005 and 16.6.2005 respectively. While the petitioner was operating the said vehicle as a stage carriage on the route Palakkad-Kadambazhipuram it was seized by the Tahsildar, Ottapalam on 24.9.2014 and detained at the Armed Reserve Camp, Kallekkad for the period from 26.9.2014 till 15.9.2017 in connection with the revenue recovery proceedings initiated by the Bank from which the petitioner had availed an agricultural loan.