IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 21878 OF 2022
PETITIONER/S:
RIJAS A.J.
AGED 39 YEARS
S/O ABDUL JABBAR A.K., CHERIVUPARAMBIL HOUSE, JANATHA
ROAD, ALUVA, ERNAKULAM - 683 101, PIN - 683101
BY ADVS.
ALEX.M.SCARIA
V.USHA NANDINI
M.M.GRACY
SARITHA THOMAS
ALEN J. CHERUVIL
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
MOTOR VEHICLE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001., PIN - 695001
2 THE STATE TRANSPORT AUTHORITY, 2ND FLOOR, TRANS TOWER,
C.V. RAMAN PILLAI ROAD, DPI, VAZHUTHACAUD,
THIRUVANANTHAPURAM - 695 014, REPRESENTED BY ITS
CHAIRMAN,
3 ADDITIONAL REGISTERING AUTHORITY, SUB REGIONAL TRANSPORT
OFFICE, MINI CIVIL STATION ALUVA, PERIYAR NAGAR, ALUVA,
KERALA - 683 101
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21878 OF 2022
2
JUDGMENT
Order Ext.P7 dated 30.6.2022 of the Additional Registering Authority, Aluva rejecting the request of the petitioner for issuance of fitness certificate has been assailed.
2. Petitioner is the owner of a contract carriage vehicle bearing registration No.KL-41-F-6016 and had been issued certain permits to ply the same. Petitioner intents to sell the aforementioned vehicle to a buyer situated in Tamilnadu, where, for obtaining the fitness certificate and NOC colour code is not required to be followed. But RTO has rejected the application on the ground that the NOC and the fitness certificate cannot be issued until and unless petitoner follows the colour code ie., white colour with a violet ribbon of 10cm width, a metallic gold ribbon of 3 cm width above violet ribbon at the centre of the exterior of the side body of the vehicle. The aforementioned colour code has been introduced with effect from 1.6.2022.
I am afraid, the aforementioned order cannot be said to be illegal or erroneous as it is in consonance with the provisions of the Kerala Motor Vehicle Act and Rules framed there under as per the WP(C) NO. 21878 OF 2022 3 notification. Even if there is no colour code to be followed by the intended purchaser in the State which he/she belongs to, authorities cannot issue NOC and fitness certificate without complying the same. The order thus perfectly legal and justified and do not call for any interference under Article 226 of the Constitution of India. Accordingly writ petition is dismissed.
Sd/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 21878 OF 2022
4
APPENDIX OF WP(C) 21878/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE OF
THE VEHICLE
Exhibit P2 TRUE COPY OF THE CERTIFICATE OF FITNESS
ISSUED ON 08/08/2019
Exhibit P3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE
POLICE DATED 13/06/2022 BEARING NO.
202/NOC/22/AE
Exhibit P4 TRUE COPY OF THE LETTER ISSUED BY THE BANK
DATED 08/06/2022
Exhibit P5 TRUE COPY OF THE DECISION TAKEN BY THE 2ND
RESPONDENT DATED 24/12/2021
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED
29/06/2022 (ALONG WITH ENGLISH TRANSLATION). Exhibit P7 TRUE COPY OF THE ORDER DATED 30/06/2022 ISSUED BY THE 3RD RESPONDENT