Rijas A.J vs The State Of Kerala
2022 Latest Caselaw 8517 Ker

                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

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


                  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