Kerala High Court
Junais K vs State Of Kerala on 6 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
WP(C) NO. 42940 OF 2022
PETITIONER:
JUNAIS K.
AGED 39 YEARS
S/O. HAMZA K., KALLIYATHODY HOUSE,
VAZHEMBURAM P.O., PALAKKAD DISTRICT, PIN - 678595
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
MOTOR VEHICLE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE SECRETARY TO GOVERNMENT
MOTOR VEHICLE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,, PIN -
695001
3 THE TRANSPORT COMMISSIONER
OFFICE OF THE TRANSPORT COMMISSIONER,
CIVIL STATION, KADAPPANAKUNNU, THIRUVANANTHAPURAM,
PIN - 695043
4 THE REGIONAL TRANSPORT OFFICER
REGIONAL TRANSPORT OFFICE,ERNAKULAM,
CIVIL STATION, KAKKANAD, ERANKULAM DISTRICT, PIN -
682030
5 THE REGIONAL TRANSPORT AUTHORITY
SUB REGIONAL TRANSPORT OFFICE, KANNIYAPURAM,
OTTAPPALAM, PALAKKAD DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 679521
BY ADV.SRI.SUNIL KURIAKOSE SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.01.2023, ALONG WITH WPC 42966/2022, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.42940 & 42966 of 2022
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
WP(C) NO. 42966 OF 2022
PETITIONER:
JUNAIS K.
AGED 39 YEARS, S/O. HAMZA K.,
KALLIYATHODY HOUSE,VAZHEMBURAM P.O.,
PALAKKAD DISTRICT, PIN - 678595
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
MOTOR VEHICLE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,, PIN - 695001
2 THE SECRETARY TO GOVERNMENT
MOTOR VEHICLE DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,, PIN - 695001
3 THE TRANSPORT COMMISSIONER
OFFICE OF THE TRANSPORT COMMISSIONER,
CIVIL STATION, KADAPPANAKUNNU,
THIRUVANANTHAPURAM, PIN - 695043
4 THE REGIONAL TRANSPORT OFFICER
REGIONAL TRANSPORT OFFICE,ERNAKULAM,
CIVIL STATION, KAKKANAD,
ERANKULAM DISTRIC, PIN - 682030
5 THE REGIONAL TRANSPORT AUTHORITY, OTTAPPALAM
SUB REGIONAL TRANSPORT OFFICE, KANNIYAPURAM,
OTTAPPALAM, PALAKKAD DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 679521
BY ADV.SRI.SUNIL KURIAKOSE, SR PUBLIC PROSECUTOR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.01.2023, ALONG WITH WPC 42940/2022, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.42940 & 42966 of 2022
3
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).Nos.42940 & 42966 of 2022
----------------------------------------------
Dated this the 06th day of January, 2023
JUDGMENT
These two writ petitions are connected and therefore, I
am disposing these writ petitions by a common judgment.
The prayers in these writ petitions are as follows:
W.P.(C). No.42940/2022:
i. Call for the records leading up to the fine imposed
to the vehicle of the petitioner as evidenced from
Ext. P3 and cancel the fine by issuance of a Writ
of Certiorari or any other appropriate writ, order
or direction.
ii. Issue a Writ of Mandamus or any other
appropriate writ, order or direction directing the
4th respondent to cancel the vehicle of the
petitioner bearing registration No. KL-50C-2125
from the blacklist of Motor Vehicle Department.
iii. Pass any other appropriate writ, order or
direction which this Hon'ble Court may deem fit
to issue and the petitioner may pray from time to
time.
(SIC)
WP(C).No.42940 & 42966 of 2022
W.P.(C). No.42966/2022:
i. Call for the records leading up to the fine imposed
to the vehicle of the petitioner as evidenced from
Ext. P3 and cancel the fine by issuance of a Writ
of Certiorari or any other appropriate writ, order
or direction.
ii. Issue a Writ of Mandamus or any other
appropriate writ, order or direction directing the
4th respondent to cancel the vehicle of the
petitioner bearing registration No. KL-52F-1679
from the blacklist of Motor Vehicle Department.
iii. Pass any other appropriate writ, order or
direction which this Hon'ble Court may deem fit
to issue and the petitioner may pray from time to
time.
(SIC)
2. The short point raised by the petitioner is that since
there are some e-challans uploaded in Parivahan Website in
the number of petitioner's vehicles, he is not in a position to
ply his vehicles. The Government Pleader submitted that the
petitioner committed several offences as evident by the
documents produced by the petitioner himself. The
Government Pleader also submitted that simply because
e-challans are uploaded in Parivahan Website, there is no
prohibition for plying the vehicles by the petitioner in the light
WP(C).No.42940 & 42966 of 2022
of Rule 167(7) of the Central Motor Vehicles Rules. If that be
the case, nothing survives in these cases.
Therefore, these writ petitions are disposed of in the
following manner:
1. The petitioner is free to ply his vehicles even
though the e-challans are uploaded in the
Parivahan Website.
2. But, it is made clear that the authorities are free
to proceed in accordance to law, based on the e-
challans.
3. All the contentions of the petitioner in these writ
petitions are left open.
4. In the light of Rule 167(7) of the Central Motor
Vehicles Rules, the petitioner is free to renew
the permit and revalidate the fitness of his
vehicles.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
WP(C).No.42940 & 42966 of 2022
APPENDIX OF WP(C) 42940/2022
PETITIONER EXHIBITS
Exhibit-P1 THE TRUE COPY OF THE REGISTRATION
CERTIFICATE OF VEHICLE NO. KL-50C-2125
DATED 04.04.2013
Exhibit-P2 THE TRUE COPY OF THE GOODS CARRIAGE
PERMIT ISSUED BY THE 5TH RESPONDENT
DATED 25.06.2018
Exhibit-P3 THE TRUE COPY OF THE DETAILS OF THE
FINE IMPOSED TO THE VEHICLE OF THE
PETITIONER ON VARIOUS DATES
WP(C).No.42940 & 42966 of 2022
APPENDIX OF WP(C) 42966/2022
PETITIONER EXHIBITS
Exhibit1 THE TRUE COPY OF THE REGISTRATION
CERTIFICATE OF VEHICLE NO. KL-52F-1679
DATED 18.06.2013
Exhibit-P2 THE TRUE COPY OF THE GOODS CARRIAGE
PERMIT ISSUED BY THE 5TH RESPONDENT
DATED 27.11.2018
Exhibit-P3 THE TRUE COPY OF THE DETAILS OF THE
FINE IMPOSED TO THE VEHICLE OF THE
PETITIONER ON VARIOUS DATES DATED NIL
