SUNILRAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the registered owner of a Mahindra Tourister vehicle, which has been registered as 'LMV Contract Carriage', vide Ext.P1 certificate of registration, with registration No.KL-24/A-9652, with a seating capacity of 11. In Ext.P2 certificate of insurance, the seating capacity of the vehicle is recorded as 11, including driver. In Ext.P3 contract carriage permit, which is valid for the period from 21.03.2014 to 20.03.2019, the maximum passenger capacity of the vehicle is recorded as 10. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of

(2.) nd 3rd mandamus commanding the and the respondents, namely the Regional Transport Officer, Thiruvananthapuram and the Sub Regional Transport Officer, Kazhakuttam to release his vehicle bearing registration No.KL-24/A-9652; and a writ of mandamus commanding the 2nd and 3rd respondents to keep a check on the arbitrary and illegal seizure of contract carriage vehicles by its officers and also to verify and supervise the acts of the 4th respondent Assistant Motor Vehicle Inspector in the office of the 3rd respondent Sub Regional Transport Officer. 2. On 14.09.2018, when this writ petition came up for admission, the learned Senior Government Pleader sought time to get instructions.

(3.) On 18.09.2018, when this writ petition came up for consideration, this Court passed the following order;