Judgment
WP(C) NO. 31300 OF 2022 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944 WP(C) NO. 31300 OF 2022 PETITIONER/S:
DOMINIC LUCKOSE., AGED 57 YEARS MANAGING PARTNER, ST. JUDE FOOD PRODUCTS, KINFRA FOOD PROCESSING PARK, ADOOR, PATHANAMTHITTA DISTRICT PIN -686631.
BY ADVS.
JACOB CHACKO MATHEWS JOSEPH RESPONDENT/S:
1 THE KERALA STATE REPRESENTED BY PRINCIPAL SECRETARY, ROAD TRANSPORT, SECRETARIAT BUILDING, THIRUVANANTHAPURAM - PIN 695001 2 THE DISTRICT TRANSPORT OFFICER, D.T.O. OFFICE PATHANAMTHITTA -PIN680645.
3 THE JOINT TRANSPORT OFFICER, R.T.O OFFICE, ADOOR, PATHANAMTHITTA DISTRICT PIN -686631.
OTHER PRESENT:
SR GP V.K. SUNIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 31300 OF 2022 2 P.V.KUNHIKRISHNAN, J --------------------------------------- W.P.(C) No. 31300 of 2022 -------------------------------------- Dated this the 7th day of October, 2022 JUDGMENT The above writ petition is filed with following prayers :
“(i) To issue a writ of mandamus or order or direction directing the 3rd respondent to consider and pass orders in the application for certificate of fitness within a period fixed by the court.
(ii) To issue a writ of mandamus directing the 3rd respondent to renew the certificate of fitness.” [SIC] 2.
The petitioner is the Managing Partner of “St.Jude Food Products” a partnership firm carrying the business of the manufacturing and sales of bread products at bakery shops through 9 delivery vans from its manufacturing company lies at Adoor Kinfra Food Processing Park. It is the case of the petitioner that he applied for the renewal of the fitness certificate before the 3rd respondent. But the 3rd respondent
WP(C) NO. 31300 OF 2022 3 did not considering the applications. Hence, this writ petition.
3.
Heard the learned counsel for the petitioner and the learned Government Pleader.
The learned Government Pleader after getting instructions submitted that no application is received from the petitioner for fitness certificate. The counsel for the petitioner submitted that he will again submit applications within a time frame. If that is the case, there can be a direction to consider that applications within a time frame, in accordance to law.
Therefore, this writ petition is disposed of with the following directions :
1) The petitioner is free to submit applications for fitness certificate to his vehicles before the 3rd respondent within two weeks along with necessary fee.
2) Once such applications with necessary fee are received and the applications are in order, the 3rd respondent will consider the same and pass appropriate orders in it, in accordance with law, as expeditiously as possible, at any
WP(C) NO. 31300 OF 2022 4 rate, within one month from the date of receipt of the applications.
SD/-
P.V.KUNHIKRISHNAN
JUDGE SKS
WP(C) NO. 31300 OF 2022 5 APPENDIX OF WP(C) 31300/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE GST REGISTRATION CERTIFICATE ISSUED BY GST DEPARTMENT DATED 17.07.2018 Exhibit P2 THE TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 3RD RESPONDENT DATED 17.07.2018 Exhibit P3 THE TRUE COPY OF THE FITNESS CERTIFICATE ISSUED BY THE 3RD RESPONDENT DATED 03.08.2018 Exhibit P4 THE TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 3RD RESPONDENT DATED 13/09/2022