M/S Arv Auto Land vs The Transport Commissioner
2024 Latest Caselaw 33563 Ker

Kerala High Court

M/S Arv Auto Land vs The Transport Commissioner on 21 November, 2024

                                                          2024:KER:87480

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

               THE HONOURABLE MR. JUSTICE P.M.MANOJ

THURSDAY, THE 21ST DAY OF NOVEMBER 2024 / 30TH KARTHIKA, 1946

                      WP(C) NO. 18432 OF 2020

PETITIONER:

             M/S ARV AUTO LAND,
             17/526, YMCA ROAD, OPP. SEEMATI THEATRE,
             ALAPPUZHA-688001 (REPRESENTED BY ITS MANAGING
             PARTNER, A.R. AJITH KUMAR).


             BY ADV P.DEEPAK


RESPONDENTS:

     1       THE TRANSPORT COMMISSIONER,
             TRANS TOWERS, VAZHUTHACAUD, THYCAUD P.O., PIN-
             695014.

     2       THE REGISTERING AUTHORITY,
             ALAPPUZHA, OFFICE OF THE REGIONAL TRANSPORT
             OFFICER, ALAPPUZHA-688001.



OTHER PRESENT:

             SRI.RIYAL DEVASSY,GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   21.11.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) No.18432 of 2020
                                2


                                                       2024:KER:87480


                               P.M. MANOJ, J
                     -----------------------------------
                    W.P.(C) No.18432 of 2020
               ----------------------------------------------
           Dated this the 21st day of November, 2024


                             JUDGMENT

This writ petition is preferred being aggrieved by Ext.P7

notice issued, whereby threatening the suspension / cancellation

of trade certificate under Rule 44 of the Central Motor Vehicle

Rules, 1989.

2. It is stated that the said notice was issued in violation

of Ext.P8 judgment rendered by this Court.

When the matter is taken up for consideration today, It is

submitted by the learned counsel for the petitioner that, nothing

survives in the prayers sought for in the writ petition and can be

dismissed as infructuous.

Accordingly, the writ petition is dismissed as infructuous.

Sd/-

P.M.MANOJ JUDGE sss

2024:KER:87480

APPENDIX OF WP(C) 18432/2020

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE AUTHORIZED MAIN DEALERSHIP AGREEMENT DATED 01/04/2018.

EXHIBIT P2 A TRUE COPY OF THE LETTER DATED 01/12/2019 OF TVS MOTOR COMPANY.

EXHIBIT P3 A TRUE COPY OF THE AUTHORIZED DEALER AGREEMENT DATED 01/10/2018.

EXHIBIT P4 A TRUE COPY OF THE TRADE CERTIFICATE (NO.A/5/2002/A)

EXHIBIT P4 (A) A TRUE COPY OF THE TRADE CERTIFICATE (NO.A/6/2002/A)

EXHIBIT P4(B) A TRUE COPY OF THE TRADE CERTIFICATE (NO.A/7/2002/A)

EXHIBIT P4(C) A TRUE COPY OF THE TRADE CERTIFICATE (NO.A/8/2002/A)

EXHIBIT P5 A TRUE COPY OF THE APPLICATION FOR RENEWAL OF TRADE CERTIFICATE DATED 29/05/2020.

EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION DATED 24/08/2020 OF MINISTRY OF ROAD TRANSPORT AND HIGHWAYS.

EXHIBIT P7 A TRUE COPY OF THE NOTICE DATED 06/08/2020 OF THE SECOND RESPONDENT.

EXHIBIT P8 A TRUE COPY OF THE JUDGMENT DATED 02/03/2020 IN WPC NO.13144/2019 AND CONNECTED CASE.

EXHIBIT P9 A TRUE COPY OF CIRCULAR NO.3/2009.

EXHIBIT P10 A TRUE COPY OF THE JUDGMENT IN 2016 KHC