Judgment · High Court
Case at a glance
Provisions considered
- Constitution of India art. 226
- MotorVehicles Act, 1988 s. 130(3)
- Tamil Nadu MotorVehicles Act, 1989 r. 115
- Motor Vehicles Act, 1988 ss. 56, 130(3)
Key paragraphs
- Para 2222. Heard Mr.C.K.M.Appaji, the learned counsel appearing for the petitioner. Mr.T.R.Janarthanan, learned AdditionalGovernment Pleader takes notice for the respondent. 3. By consent of both parties, these writ petitions are taken up for final disposal. 4. The learned Counsel appearing for the petitioner would submit that…
Judgment
1BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED 23.12.2011CORAMTHE HONOURABLE MR.JUSTICE T.RAJAW.P(MD)Nos.14991 and 14992 of 2011andM.P(MD)Nos.1 and 1 of 2011 The Chairman, Sathyam College of Engineering and Technology, Sathyam Nagar, Kanappanallur, Aralvoimozhi Post, Kanyakumari District. ..Petitioner in both W.Ps' VsThe Motor Vehicle Inspector, Grade-I, Regional Transport Office, Nagercoil-1, Kanyakumari District. ..Respondentin both W.Ps'Prayer: Writ Petitions filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to entertain the applications for renewal of Fitness Certificates for the vehicle bearingRegistration Nos.TN 30 H 7974 and TN74 K 6637 and issue the Certificates of Fitness for the vehicle. For Petitioner :M/s.C.K.M.Appaji in both W.Ps' For Respondent :Mr.T.R.Janarthanam in both W.Ps' Addl. Govt. PleaderCOMMON ORDER*******These writ petitions have been filed seeking for the issuance of a Writ of Mandamus directing the respondent to entertain the applications for renewal of Fitness Certificatesfor the vehicles bearing Registration Nos. TN 30 H 7974 and TN74K 6637 and issue the Certificates of Fitness for the vehicles. https://hcservices.ecourts.gov.in/hcservices/
Heard Mr.C.K.M.Appaji, the learned counsel appearing for the petitioner. Mr.T.R.Janarthanan, learned AdditionalGovernment Pleader takes notice for the respondent. 3. By consent of both parties, these writ petitions are taken up for final disposal. 4. The learned Counsel appearing for the petitioner would submit that after the Educational Authorities permitted the petitioner to conduct Engineering Course for six subjects, the petitioner college admitted 1,000 and 60 staffs are also employed in the college. The petitioner college in order to facilitate the transportation of its students and staff had acquired two second handed Ashok Leyland passenger buses bearingRegistration Nos. TN 30 H 7974 Chassis No.WDG 043549 and Chassis No.BFE 578544, respectively in the year 2008.Thereafter, though the respondent has also issued permits to plythe vehicles for Educational Institution in PermitNo.55/TN74/EIB/2009 and Permit No.39/TN 74-EIB/2010respectively, and when the petitioner college has been utilising the vehicles for regular drop and pick up of their students and staffs, by complying with all the other formalities, Only on an information by the petitioner's financier, the respondent refused to entertain the applications to renew the FitnessCertificates of the vehicles in the prescribed form CFRA. Onthe other hand, the respondent has imposed a pre-condition to submit the original Registration Certificate Books for issuance of the Fitness Certificates.
Though the petitioner college madea representation on 13.10.2011 informing the above facts and requested the respondent to issue Fitness Certificates on scrutinising available xerox copies of the original, the respondent has not considered the genuine request and finally refused to issue Certificates of Fitness. 5. It has been submitted that Section 130(3) of the MotorVehicles Act, 1988, recites that even photo copy of the originals also be produced before the Authorities concerned in the event of non-availability of the originals. After proper verification, thereafter the respondent is bound to consider the case of the petitioner under Rule 115 of the Tamil Nadu MotorVehicles Act, 1989, for issuance of Fitness Certificates or for renewal by the Registering Authority under Section 56 of the Motor Vehicles Act, 1988. However, the said submission made by the petitioner was refuted by the learned Additional GovernmentPleader appearing for the respondent saying that the petitioner is bound to produce the original certificates.
But, Section 130(3) of the Motor Vehicles Act, 1988, says that if any or all the certificates are not in possession of the original owner, they can submit the photo copies of the same duly attested in person. Therefore, I do not find any impediment in directing the respondent to entertain the petitioner's applications for renewal of Fitness Certificates for the vehicles bearingRegistration Nos.TN 30 H 7974 and TN74 K 6637. Accordingly, the respondent is directed to entertain the applications of the https://hcservices.ecourts.gov.in/hcservices/ 3petitioner for renewal of Fitness Certificates for the vehicles bearing Registration Nos. TN 30 H 7974 and TN 74 K 6637 and pass appropriate orders on merits and in accordance with law within aperiod of four weeks from the date of receipt of a copy of this order. With the above directions, the writ petitions are disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/-Assistant Registrar/True Copy/Sub-Assistant Registrar ToThe Motor Vehicle Inspector, Grade-I, Regional Transport Office, Nagercoil-1, Kanyakumari District+Two Ccs to Mr.C.K.M.Appaji, Advocate, SR.Nos.45738 and 45739+One cc to The Spl Govt. Pleader, SR.No.46019vsnrl/5c – 2.1.2012 W.P(MD)Nos.14991 and 14992 OF 2011 23.12.2011
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