Kerala High Court
Jayanthi.K vs State Of Kerala on 11 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
2024:KER:70050
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
WP(C) NO. 17884 OF 2024
PETITIONER:
JAYANTHI K.,
AGED 58 YEARS, W/O. RAJAN,
ROOM NO.47 E, NEAR TODDY SHOP, MUNDALOOR P. O.,
PERALASERY, KANNUR, PIN - 670622.
BY ADV.
SRI. O. D. SIVADAS
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE TRANSPORT COMMISSIONER,
TRANSPORT COMMISSIONERATE, 2ND FLOOR,
TRANS TOWERS, VAZHATHACAUD, THAICAUD P. O.,
THIRUVANANTHAPURAM, PIN - 695014.
3 THE REGIONAL TRANSPORT OFFICER,
CIVIL STATION, KANNUR, PIN - 670001.
BY ADV.
SRI. BINOY DAVIS - GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17884 OF 2024
2
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DINESH KUMAR SINGH, J.
--------------------------
W.P.(C) No. 17884 of 2024
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Dated this the 11th day of September, 2024
JUDGMENT
1. The present writ petition has been filed for the following
prayers;
i. Call for the records leading to Ext.P4 order
issued by the 3rd respondent and quash Ext.P4 by
issuing a writ of certiorari.
ii. Issue a writ of mandamus or any other
appropriate writ, order or direction, commanding
the 3rd respondent to allow the application
submitted by the petitioner for Pollution Testing
Unit without insisting the distance rule and permit
the petitioner to function the unit.
iii. Declare that the Condition regarding distance of
two Kms stipulated in Ext.P5 Government Order for
starting Pollution Testing Unit in Moffusil area is
illegal, arbitrary and Unconstitutional and struck
the said condition regarding distance in the interest
of justice and quash the same.
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iv. The petitioner may be permitted to dispense
with the filing of Translation of the vernacular
document.
v. Grant the petitioner such other reliefs which this
Hon'ble court deem just and fit in the circumstance
of the case.
2. The controversy involved in this writ petition is covered by the
Judgment dated 30.07.2024 passed in W.P.(C) No. 37482 of 2023. In
the aforesaid Judgment, this Court has held as under;
"7. The distance between the two Vehicle
Emission Testing Centre is a matter of the
policy decision. It is well settled that the policy
decision of the Government should not be
interfered by the Court, unless the policy
decision is in violation of fundamental rights of
the petitioner or the policy decision is against
the law. The policy decision of the Government
prescribing minimum two kilometers distance
between two Vehicle Emission Testing Centres
in rural area does not appear to be in violation
of any law neither it is not an arbitrary
decision, therefore, I do not find substance in
the challenge to the Government order dated
26.06.2023.
8. The petitioner having knowledge of the
Government order dated 26.06.2023 has made
the application only on 18.07.2023, and
therefore, the petitioners application for setting
WP(C) NO. 17884 OF 2024
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up the Vehicle Emission Testing Centre has to
be considered as per the Government order
dated 26.06.2023."
3. Since the issue involved in this writ petition is covered by the
Judgment referred above, this Court would not like to take different
view and, therefore, this writ petition is hereby dismissed.
Sd/-
DINESH KUMAR SINGH
JUDGE
Svn
WP(C) NO. 17884 OF 2024
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APPENDIX OF WP(C) 17884/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LEASE AGREEMENT DATED
16.1.2024 EXECUTED BY THE PETITIONER
EXHIBIT P2 TRUE COPY OF THE DOCUMENT DATED 13.7.2023
PERTAINING TO THE INSTALLATION OF MACHINES
AND CALIBRATION
EXHIBIT P3 TRUE COPY OF THE ANNUAL MAINTENANCE CONTRACT
EXECUTED BY THE PETITIONER WITH THE COMPANY N
13.07.2023
EXHIBIT P4 TRUE COPY OF THE ORDER NO.E2 /E709659 /2024,
DATED 6.3.2024 ISSUED BY THE 3RD RESPONDENT
EXHIBIT P5 TRUE COPY OF GO (RT) NO.259/2023/TRANS. DATED
26.6.2023 ISSUED BY THE GOVERNMENT.
EXHIBIT P6 TRUE COPY OF THE CIRCULAR NO.13/2023 DATED
13.3.2024 ISSUED BY THE 2ND RESPONDENT.
