Manju Sajeev vs The State Transport Authority
2022 Latest Caselaw 12464 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE AMIT RAWAL
     FRIDAY, THE 23RD DAY OF DECEMBER 2022 / 2ND POUSHA, 1944
                        WP(C) NO. 26512 OF 2022
PETITIONER/S:

    1     MANJU SAJEEV
          W/O.SAJEEV, PARTNER, ITIHAS TOURS AND TRAVELS, CALICUT
          BYEPASS ROAD, PALAKKAD - 678 001.

    2     BOBY GEORGE
          S/O.ABRAHAM, THEVADIYIL, PUTHUPPADY, KOZHIKODE - 686
          673.

    3     SUJITH K.SUDHAKARAN
          S/O.SUDHAKARAN, KURIYAKKOT HOUSE, AMBAKKAD, PUZHAKKAL,
          THRISSUR - 680 553.

          BY ADV K.V.GOPINATHAN NAIR



RESPONDENT/S:

    1     THE STATE TRANSPORT AUTHORITY
          KERALA, REPRESENTED BY THE SECRETARY, TRANSPORT
          COMMISSIONERATE, THIRUVANANTHAPURAM, PIN - 695 039.

    2     THE STATE OF KERALA
          REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, STATUE,
          THIRUVANANTHAPURAM - 695 001.

    3     THE TRANSPORT COMMISSIONER
          TRANSPORT COMMISSIONERATE, VAZHUTHACAUD,
          THIRUVANANTHAPURAM - 695 036.

    4     THE REGIONAL TRANSPORT OFFICER
          REGIONAL TRANSPORT OFFICE, (SECRETARY, REGIONAL
          TRANSPORT AUTHORITY), KENATHUPARAMBU, KUNATHURMEDU,
          PALAKKAD - 678 001.

    5     THE REGIONAL TRANSPORT OFFICER
          REGIONAL TRANSPORT OFFICE, (SECRETARY, REGIONAL
          TRANSPORT AUTHORITY), GROUND FLOOR, CIVIL STATION,
          ERANHIPALAM, KOZHIKODE - 673 020.
 WP(C) NO. 26512 OF 2022
                                 2

     6     THE REGIONAL TRANSPORT OFFICER
           REGIONAL TRANSPORT OFFICE, (SECRETARY, REGIONAL
           TRANSPORT AUTHORITY), CIVIL STATION, AYYANTHOLE,
           THRISSUR - 68003.

     7     ADDL.K.A.SEBASTIAN
           SOUGHT TO BE IMPLEADED

             BY ADV I.DINESH MENON

             gp JUSTIN JACOB




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   23.12.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 26512 OF 2022
                                    3

                               JUDGMENT

The petitioner has approached this Court for quashing Ext.P5

decision of the 1st respondent regarding implementation of uniform color

scheme to all contract carriages in the State under Rule 264 of KMV

Rules which will be inforce at the time of renewal of certificate of fitness.

2. Learned Government Pleader submits that the notification

promulgated by the Government regarding the change of colour code

has already been upheld by this Court. Therefore, it cannot be deferred

by adopting a pick and choose policy.

I have heard the learned counsel for the petitioner and appraised

the paperbook and of the view that there is no force and merit in the

contentions for issuing directions to the respondents permitting the

petitioner to renew the permit of vehicle without adopting the uniform

colour code owing to the fact that the said notification has already been

upheld by this Court.

Writ petition with the aforementioned observation stands disposed of.

SD/-

sab                                             AMIT RAWAL
                                                    JUDGE
 WP(C) NO. 26512 OF 2022


                 APPENDIX OF WP(C) 26512/2022

PETITIONER EXHIBITS

Exhibit P1            TRUE COPY OF THE REGISTRATION CERTIFICATE
                      IN RESPECT OF KL-35/E 2527.

Exhibit P2            TRUE COPY OF THE PERMIT ISSUED TO KL-35/E
                      2527.

Exhibit P3            TRUE COPY OF THE DECISION OF THE 1ST
                      RESPONDENT DATED 9/1/2020.

Exhibit P4            TRUE COPY OF THE COMMON JUDGMENT RENDERED

BY THIS HON'BLE COURT IN WP(C) NO.6680 OF 2020 AND CONNECTED CASES DATED 22/9/2020.

Exhibit P5 TRUE COPY OF THE DECISION OF THE 1ST RESPONDENT.

RESPONDENT EXHIBITS

Exhibit R7(a) TRUE COPY OF JUDGMENT IN WP(C) 6919/2021 DATED 7/07/2021.

Exhibit R7(b) TRUE COPY OF DECISION DATED 24/12/2021 BY TRANSPORT COMMISSIONRATE, THIRUVANANTHAPURAM.