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2020 Supreme(Online)(KER) 33890

HIGH COURT OF KERALA
ANIL K. NARENDRAN, J
MUHAMMED RASHEEKH – Appellant
Versus
THE JOINT REGIONAL TRANSPORT OFFICER – Respondent


Advocates:
SRI.G.HARIHARAN, SRI.PRAVEEN.H, SRI P.SANTHOSH KUMAR, SRI.P.DEEPAK, SHRI.P.VIJAYAKUMAR

JUDGMENT

The petitioner, who purchased an Eicher Skyline Pro 3009 H Cowl and Chassis AB BS4 (Medium Passenger Motor Vehicle) manufactured by M/s.Eicher Motors vide Ext.P1 sale certificate dated 20.04.2018 from M/s.AVG Vehicle Sales & Services Pvt. Ltd, Kottayam, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P5 order dated 08.10.2018 issued by the 1st respondent Joint Regional Transport Officer, who is the Registering Authority, and Ext.P7 order dated 03.12.2018 issued by the 3rd respondent Deputy Transport Commissioner, who is the Appellate Authority, refusing to register the motor caravan built on the cowl and chassis covered by Ext.P1 sale certificate, alleging violation of provisions of Rule 125G of the Central Motor Vehicles Rules, 1989 . The petitioner has also sought for a writ of mandamus commanding the 3rd respondent to reconsider Ext.P6 appeal, taking note of the fact that the vehicle (cowl and chassis) has been manufactured in the month of September, 2017, as evidenced by Ext.P1 sale certificate, and also taking note of Ext.P8 certificate in Form 22-A issued by M/s.Eicher Motors and Ext.P9 communicat

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