Kerala High Court
Vijayan K.V vs State Of Kerala on 23 September, 2024
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
2024:KER:70818
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
MONDAY, THE 23RD DAY OF SEPTEMBER 2024 / 1ST ASWINA, 1946
WP(C) NO. 17369 OF 2024
PETITIONER:
VIJAYAN K.V,
AGED 74 YEARS
THARAMMAL HOUSE, BEHIND GGVHS SCHOOL CHERUKUNNU,
KANNAPURAM P.O., KANNUR DISTRICT, PIN-670 301,
(LICENSEE, M/S AISWARYA POLLUTION TESTING CENTRE,
WARD NO. IV, BUILDING NO. 800, NEAR KANNAPURAM
PANCHAYAT OFFICE, CHERUKUNNU P.O., KANNUR
DISTRICT. (LICENCE NO. R5/7/2004/C)), PIN -
670301
BY ADVS.
V.N.SANKARJEE
V.N.MADHUSUDANAN
R.UDAYA JYOTHI
M.M.VINOD
M.SUSEELA
KEERTHI B. CHANDRAN
VIJAYAN PILLAI P.K.
C.PURUSHOTHAMAN NAIR
SINEESH K.M.
SHILPA P.S.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, TRANSPORT
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
2 THE TRANSPORT COMMISSIONER,
TRANSPORT COMMISSIONERATE, TRANS TOWER,
VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
2
3 THE REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT OFFICE, CIVIL STATION,
COLLECTORATE ROAD, TALAP, KANNUR DISTRICT, PIN -
670002
4 THE MOTOR VEHICLE INSPECTOR,
MOTOR VEHICLE INSPECTOR OFFICE, CIVIL STATION,
COLLECTORATE ROAD, TALAP, KANNUR DISTRICT, PIN -
670002
BY ADV.
SRI. BINOY DAVIS - GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 23.09.2024, ALONG WITH WP(C).26560/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
MONDAY, THE 23RD DAY OF SEPTEMBER 2024 / 1ST ASWINA, 1946
WP(C) NO. 17437 OF 2024
PETITIONER:
K.P. SABU,
AGED 69 YEARS
S/O T.V. PADMANABHAN, KONATTUSSERIL,
KADAKKARAPPALLY P.O., CHERTHALA TALUK, ALAPPUZHA
DISTRICT, PIN-688 529 (LICENSEE, ASWANI VEHICLE
EMISSION TESTING CENTRE, 10/34/7/C, BHASS
BUILDING, EAST OF KSRTC STAND, CHERTHALA,
ALAPPUZHA DISTRICT, CERTIFICATE NO. KL0320012),
PIN - 688524
BY ADVS.
V.N.SANKARJEE
V.N.MADHUSUDANAN
R.UDAYA JYOTHI
M.M.VINOD
M.SUSEELA
KEERTHI B. CHANDRAN
VIJAYAN PILLAI P.K.
C.PURUSHOTHAMAN NAIR
SINEESH K.M.
SHILPA P.S.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, TRANSPORT
DEPARTMENT, GOVERNMENT SECRETARIAT,
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
4
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
2 THE TRANSPORT COMMISSIONER,
TRANSPORT COMMISSIONERATE, TRANS TOWER,
VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014
3 THE REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT OFFICE, CIVIL STATION,
ALAPPUZHA, ALAPPUZHA DISTRICT, PIN - 688001
4 THE JOINT REGIONAL TRANSPORT OFFICER,
SUB REGIONAL TRANSPORT OFFICE, CHERTHALA,
ALAPPUZHA DISTRICT, PIN - 688524
5 THE MOTOR VEHICLE INSPECTOR,
CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688524
BY ADV.
SRI. BINOY DAVIS - GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 23.09.2024, ALONG WITH WP(C).26560/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
MONDAY, THE 23RD DAY OF SEPTEMBER 2024 / 1ST ASWINA, 1946
WP(C) NO. 19237 OF 2024
PETITIONER:
K. VASANTHAKUMAR,
AGED 64 YEARS
S/O.KRISHNA RAO, ALLUMMUTTU MADAM, KOMANA,
AMBALAPUZHA P.O., ALAPPUZHA DISTRICT, PIN-688
561, (LICENSEE, JAYANTHI POLLUTION TESTING
STATION, ALLUMMUTTU MADAM, ROOM NO. 313, KOMANA,
AMBALAPUZHA P.O., ALAPPUZHA DISTRICT, LICENCE NO.
ETSL NO. E2/03/2019/A)), PIN - 688561
BY ADVS.
V.N.SANKARJEE
V.N.MADHUSUDANAN
R.UDAYA JYOTHI
M.M.VINOD
M.SUSEELA
KEERTHI B. CHANDRAN
VIJAYAN PILLAI P.K.
C.PURUSHOTHAMAN NAIR
SINEESH K.M.
SHILPA P.S.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, TRANSPORT
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
6
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
2 THE TRANSPORT COMMISSIONER,
TRANSPORT COMMISSIONERATE, TRANS TOWER,
VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014
3 THE REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT OFFICE, CIVIL STATION,
ALAPPUZHA, ALAPPUZHA DISTRICT, PIN - 688001
4 THE JOINT REGIONAL TRANSPORT OFFICER,
SUB REGIONAL TRANSPORT OFFICE, CHERTHALA,
ALAPPUZHA DISTRICT, PIN - 688524
BY ADV.
BINOY DAVIS - GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 23.09.2024, ALONG WITH WP(C).26560/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
MONDAY, THE 23RD DAY OF SEPTEMBER 2024 / 1ST ASWINA, 1946
WP(C) NO. 21623 OF 2024
PETITIONER:
SURESH KUMAR P.P.,
AGED 50 YEARS
S/O.KRISHNAN NAIR, PUTHEN PURAYIL HOUSE, PANOOR
P.O., THALASSERY, KANNUR DISTRICT (LICENSEE,
‘GENERAL AUTO SCAN' AT BUS STAND ROAD,
PANOOR, THALASSERY, KANNUR DISTRICT, LICENCE
NO.R5/10/04/C), PIN - 670692
BY ADVS.
V.N.SANKARJEE
V.N.MADHUSUDANAN
R.UDAYA JYOTHI
M.M.VINOD
M.SUSEELA
KEERTHI B. CHANDRAN
VIJAYAN PILLAI P.K.
C.PURUSHOTHAMAN NAIR
SINEESH K.M.
SHILPA P.S.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, TRANSPORT
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
2 THE TRANSPORT COMMISSIONER,
TRANSPORT COMMISSIONERATE, TRANS TOWER,
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
8
VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014
3 THE REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT OFFICE, CIVIL STATION,
COLLECTORATE ROAD, TALAP, KANNUR DISTRICT, PIN -
670002
4 THE JOINT REGIONAL TRANSPORT OFFICER,
JOINT REGIONAL TRANSPORT OFFICE, CIVIL STATION,
EDAPALLY-PANVEL HIGHWAY, KANNUR DISTRICT, PIN -
670002
5 THE MOTOR VEHICLE INSPECTOR,
MOTOR VEHICLE INSPECTOR OFFICE, CIVIL STATION,
COLLECTORATE ROAD, TALAP, KANNUR DISTRICT, PIN -
670002
BY ADV. BINOY DAVIS - GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 23.09.2024, ALONG WITH WP(C).26560/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
MONDAY, THE 23RD DAY OF SEPTEMBER 2024 / 1ST ASWINA, 1946
WP(C) NO. 22333 OF 2024
PETITIONER:
BIJU V.K.,
AGED 45 YEARS
S/O.BALAN NAIR, VALAPANKANDIYIL, CHEKYAD,
PARAKADAVU, KOZHIKODE DISTRICT, [LICENSEE, M/S
POPULAR AUTO SCAN POLLUTION TESTING CENTRE,
BUILD. NO.40/573, PUTHUR ROAD, PANOOR,
THALASSERY, KANNUR DISTRICT, PIN-670 692 (LICENCE
NO. 13/09/2004 (R5/09/04/C))], PIN - 673509
BY ADVS.
V.N.SANKARJEE
V.N.MADHUSUDANAN
R.UDAYA JYOTHI
M.M.VINOD
M.SUSEELA
KEERTHI B. CHANDRAN
VIJAYAN PILLAI P.K.
C.PURUSHOTHAMAN NAIR
SINEESH K.M.
SHILPA P.S.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, TRANSPORT
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
2 THE TRANSPORT COMMISSIONER,
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
10
TRANSPORT COMMISSIONERATE, TRANS TOWER,
VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014
3 THE REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT OFFICE, CIVIL STATION,
COLLECTORATE ROAD, TALAP, KANNUR DISTRICT, PIN -
670002
4 THE JOINT REGIONAL TRANSPORT OFFICER,
SUB REGIONAL TRANSPORT OFFICE, KINFRA, ERANHOLI
P.O., THALASSERY, KANNUR DISTRICT, PIN - 670107
5 THE MOTOR VEHICLE INSPECTOR,
MOTOR VEHICLE INSPECTOR OFFICE, CIVIL STATION,
COLLECTORATE ROAD, TALAP, KANNUR DISTRICT, PIN -
670002
BY ADV.
SRI BINOY DAVIS - GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 23.09.2024, ALONG WITH WP(C).26560/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
MONDAY, THE 23RD DAY OF SEPTEMBER 2024 / 1ST ASWINA, 1946
WP(C) NO. 24225 OF 2024
PETITIONER:
SHEEN SEBASTIAN,
AGED 52 YEARS
S/O.SEBASTIAN,KANIYAMKUNNEL HOUSE, VELATHUSSERRY
P.O, KOTTAYAM DISTRICT, PIN - 686580
BY ADV GEORGEKUTTY MATHEW
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY ITS
SECRETARY,
MOTOR VEHICLES DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE TRANSPORT COMMISSIONER,
TRANSPORT COMMISISONERATE, 2ND FLOOR,TRANS
TOWERS, VAZHUTHACADU, THAIKKADU P.O,
THIRUVANNATHAPURAM, PIN - 695014
3 THE JOINT REGIONAL TRANSPORT OFFICER,
THE OFFICE OF JOINT TRANSPORT OFFICE, PALA P.O,
KOTTAYAM DISTRICT, PIN - 686575
4 THE MOTOR VEHICLE INSPECTOR,
THE OFFICE OF MOTOR VEHICLE INSPECTOR, PALA P.O,
KOTTAYAM DISTRICT, PIN - 686575
BY ADV.
SRI.BINOY DAVIS - GP
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
12
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 23.09.2024, ALONG WITH WP(C).26560/2024 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
13
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
MONDAY, THE 23RD DAY OF SEPTEMBER 2024 / 1ST ASWINA, 1946
WP(C) NO. 26560 OF 2024
PETITIONER:
MIDHUN P,
AGED 36 YEARS
AKSHAYA, SOUTH NARAVOOR, KUTHUPARAMBA P.O.,
KANNUR DISTRICT, PIN-670 643, (LICENSEE, M/S D-
DEV POLLUTION TESTING CENTRE, VP XIV/247,
MAMBARAM, THALASSERY, KANNUR DISTRICT, PIN -
670741
BY ADVS.
V.N.SANKARJEE
V.N.MADHUSUDANAN
R.UDAYA JYOTHI
M.M.VINOD
M.SUSEELA
KEERTHI B. CHANDRAN
VIJAYAN PILLAI P.K.
C.PURUSHOTHAMAN NAIR
SINEESH K.M.
SHILPA P.S.
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, TRANSPORT
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
2 TRANSPORT COMMISSIONER,
REGIONAL TRANSPORT OFFICE, CIVIL STATION,
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
14
COLLECTORATE ROAD, TALAP, KANNUR DISTRICT, PIN -
670002
3 THE REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT OFFICE, CIVIL STATION,
COLLECTORATE ROAD, TALAP, KANNUR DISTRICT, PIN -
670002
4 THE JOINT REGIONAL TRANSPORT OFFICER,
SUB REGIONAL TRANSPORT OFFICE, KINFRA, ERANHOLI
P.O., THALASSERY, KANNUR DISTRICT, PIN - 670107
5 THE MOTOR VEHICLE INSPECTOR,
MOTOR VEHICLE INSPECTOR OFFICE, CIVIL STATION,
COLLECTORATE ROAD, TALAP, KANNUR DISTRICT, PIN -
670002
BY ADV.
SRI.BINOY DAVIS - GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 23.09.2024, ALONG WITH WP(C).17369/2024, 17437/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
15
COMMON JUDGMENT
(Dated this the 23rd day of September, 2024)
The present batch of Writ Petitions has been filed
challenging Circular No.13/2023 dated 13.03.2024 issued
by the Officer of the Transport Commissioner, Government
of Kerala, Thiruvananthapuram. The said impugned circular
provides certain conditions in the testing centres, which
inter alia, provide that there should be parking space for
two LMV vehicles at the testing centre.
2. A room having 3 metre length and 3 metre width
with proper ventilation for installation of emission testing
equipment. (A reduction of maximum 10% in the length and
width of the room is permissible). The number issued for
room by the Panchayat/Municipality/ Corporation should be
recorded in the license. Adjacent to the room a 10 metre
long 4 meter wide space suitable for vehicle parking should
be available. The parking space in front of the other
establishments functioning adjacent to the emission testing
centres should not be considered or allocated for the
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
dimensions of parking space of emission testing centres.
3. The parking space with the dimensions as given
above must either be owned or leased under a rental
agreement by the operator of the emission testing centre.
Directions and regulations on the functioning of the vehicle
pollution testing centres in Circular No.13/2023 dated
13.03.2024 on reproduced would read as under:
"As per reference 1 the government have
instructed that in the testing centres
there should be space to park two LMV
vehicles. For clarification on parking space
dimensions and for uniform
implementation the minimum dimensions
of the building in which the station is
functioning and the parking space shall be
as provided below.
a. A room having 3 metre length and 3
metre width with proper ventilation for
installation of emission testing equipment
(A reduction of maximum 10% in the
length and width of the room is
permissible). The number issued for the
room by the Panchayat/ Municipality/
Corporation should be recorded in the
license.
b. Adjacent to the room a 10 meter long
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
and 4 meter wide space suitable for
vehicle parking. The parking space in
front of the other establishments
functioning adjacent to the emission
testing centres should not be considered
or allocated for the dimensions of parking
space of emission testing centres.
The parking space with the above
mentioned dimensions must either be
owned or leased under a rental
agreement by the operator of the
emission testing centre.
While allocating new emission testing
centres the inspecting officer must verify
the plan which contain the location and
dimensions of the building and parking
area and submit it along with the
inspection report.
The licensing authorities must ensure that
the above mentioned guidelines are
followed when starting the emission
testing centres and at the time of renewal
of existing licenses."
4. In these Writ Petitions, the petitioners are the
existing testing pollution testing centres who had been
granted licences for setting up the pollution testing centres.
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
5. The learned counsel for the petitioners submits
that when they were granted licences, the impugned
circular was not vogue. These conditions which are now
cannot be prescribed for renewal of their licences, and
therefore, the condition having parking spaces for two LMV
vehicles at the pollution testing centres, is concerned, is
liable to be quashed.
6. The learned Government Pleader submits that
the pollution licences for setting up the Pollution Centres
were issued under the relevant Government G.O.(Rt)No.
48/1996/PW&T dated 15.02.1996. The said Government
Order itself prescribed for the Pollution Testing Centres to
have parking space for two LMV vehicles, and no new
conditions have been prescribed by the impugned circular.
If any licence for setting up the Pollution Centre was
granted in violation of the said Government Order, such a
licence cannot be renewed. It is further submitted that this
is not a new condition which has been prescribed in Circular
No.13/2023 impugned in these Writ Petitions but it only
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
reiterates the condition which was already there in circular
dated 15.02.1996. All the previous Government Orders
have been consolidated in the impugned Circular and no
new condition has been prescribed. It is only clarificatory in
nature.
7. I have considered the submissions.
8. The learned Government Pleader doesn't dispute
the fact that no new condition can be prescribed for
renewal of the existing licenses of Pollution Testing Centres.
Therefore, the licenses are to be renewed in accordance
with the conditions prescribed in the relevant Government
Order under which the licences for setting up the Pollution
Centres were granted. If the Government Order dated
15.02.1996 had prescribed space for two LMV vehicles, the
licences cannot be renewed in respect of Pollution Testing
Centres which do not have the parking space for two LMV
vehicles.
9. In view of the aforesaid discussion, the present
Writ Petitions are disposed of with a direction to the
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
respondent authorities to consider the renewal applications
of the petitioners in accordance with the conditions
prescribed in the relevant Government Order under which
the licences were issued to the petitioners for setting up the
Pollution Testing Centres by them.
With the aforesaid direction present Writ Petitions
stand disposed of.
Sd/-
DINESH KUMAR SINGH
JUDGE
Mms
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
APPENDIX OF WP(C) 17369/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE LICENCE CERTIFICATE
BEARING NO. R5/7/2004/C DATED 12.4.2004
ISSUED BY THE 3RD RESPONDENT
Exhibit P-2 TRUE COPY OF THE RENEWAL OF LICENSE
TILL 11.4.2024 WITH REFERENCE NO.
C6/28942/2019 ISSUED BY THE 3RD
RESPONDENT
Exhibit P- 3 TRUE COPY OF THE APPLICATION DATED
14.3.2024 SUBMITTED BY THE PETITIONER
TOGETHER WITH RECEIPT DATED 14.3.2024
Exhibit P-4 TRUE COPY OF THE ORDER NO.
E2/E728839/2024 DATED 18.4.2024 ISSUED
BY THE 3RD RESPONDENT TO THE PETITIONER
Exhibit P-5 TRUE COPY OF THE CIRCULAR NO. 13/2023
DATED 13.3.2024 ISSUED BY THE 2ND
RESPONDENT
Exhibit P-6 TRUE COPY OF G.O.(RT) NO.48/1996/PW&T
DATED 15.2.1996 ISSUED BY THE 1ST
RESPONDENT
Exhibit P-7 TRUE COPY OF G.O.(RT) NO.411/2021/TRANS
DATED 22.11.2021 ISSUED BY THE 1ST
RESPONDENT
Exhibit P-8 TRUE COPY OF G.O.(RT) NO.259/2023/TRANS
DATED 26.6.2023 ISSUED BY THE 1ST
RESPONDENT
Exhibit P-9 TRUE COPY OF THE CONSENT LETTER DATED
12.4.2024 ISSUED BY A.V. SUBAIR
Exhibit P-10 TRUE COPY OF THE MINUTES OF THE MEETING
HELD ON 24.7.2024 OF THE 2ND RESPONDENT
AND THE OFFICE BEARERS OF THE
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
ASSOCIATION CONTAINING THE DRAFT
CIRCULAR WITH ITS ENGLISH TRANSLATION
Exhibit P-4 English Translation of Exhibit P-4
Exhibit P-5 English Translation of Exhibit P-5
Exhibit P-8 English Translation of Exhibit P-8
Exhibit P-9 English Translation of Exhibit P-9
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
APPENDIX OF WP(C) 17437/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF LICENCE/CERTIFICATE NO.
C2/05/2004/A (NEW NO. KL0320012)
Exhibit P-2 TRUE COPY OF THE LICENCE ESTL
NO.C2/05/2004/A DATED 3.7.2014
Exhibit P-3 TRUE COPY OF THE RENEWAL APPLICATION
WITH ID: KL240425U0000005 DATED
25.4.2024
Exhibit P-4 TRUE COPY OF THE ORDER NO.
L1/1171/2024/ACL DATED 30.4.2024 ISSUED
BY THE 4TH RESPONDENT TO THE PETITIONER
Exhibit P-5 TRUE COPY OF THE CIRCULAR NO. 13/2023
DATED 13.3.2024 ISSUED BY THE 2ND
RESPONDENT
Exhibit P-6 TRUE COPY OF G.O.(RT) NO.48/1996/PW&T
DATED 15.2.1996 ISSUED BY THE 1ST
RESPONDENT
Exhibit P-7 TRUE COPY OF G.O.(RT) NO.411/2021/TRANS
DATED 22.11.2021 ISSUED BY THE 1ST
RESPONDENT
Exhibit P-8 TRUE COPY OF G.O.(RT) NO.259/2023/TRANS
DATED 26.6.2023 ISSUED BY THE 1ST
RESPONDENT
Exhibit P-9 TRUE COPY OF THE ORDER DATED 19.4.2024
IN W.P.(C) NO.11526/2024 OF THIS
HONOURABLE COURT
Exhibit P-10 TRUE COPY OF THE MINUTES OF THE MEETING
HELD ON 24.7.2024 OF THE 2ND RESPONDENT
AND THE OFFICE BEARERS OF THE
ASSOCIATION CONTAINING THE DRAFT
CIRCULAR WITH ITS ENGLISH TRANSLATION
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
Exhibit P-4 English Translation of Exhibit P4
Exhibit P-5 English Translation of Exhibit P5
Exhibit P-8 English Translation of Exhibit P8
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
APPENDIX OF WP(C) 19237/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE LICENCE BEARING NO.
ETSL NO. E2/03/2019/A DATED 29.4.2019
ISSUED BY THE 3RD RESPONDENT
Exhibit P-2 TRUE COPY OF THE APPLICATION DATED
3.4.2024 SUBMITTED BY THE PETITIONER
TOGETHER WITH RECEIPT DATED 3.4.2024
Exhibit P-3 TRUE COPY OF THE ORDER NO.
L/768467/2024/A DATED 13.5.2024 ISSUED
BY THE 3RD RESPONDENT TO THE PETITIONER
Exhibit P-4 TRUE COPY OF THE CIRCULAR NO. 13/2023
DATED 13.3.2024 ISSUED BY THE 2ND
RESPONDENT
Exhibit P-5 TRUE COPY OF G.O.(RT) NO.48/1996/PW&T
DATED 15.2.1996 ISSUED BY THE 1ST
RESPONDENT
Exhibit P-6 TRUE COPY OF G.O.(RT) NO.411/2021/TRANS
DATED 22.11.2021 ISSUED BY THE 1ST
RESPONDENT
Exhibit P-7 TRUE COPY OF G.O.(RT) NO.259/2023/TRANS
DATED 26.6.2023 ISSUED BY THE 1ST
RESPONDENT
Exhibit P-8 TRUE COPY OF THE MINUTES OF THE MEETING
HELD ON 24.7.2024 OF THE 2ND RESPONDENT
AND THE OFFICE BEARERS OF THE
ASSOCIATION CONTAINING THE DRAFT
CIRCULAR WITH ITS ENGLISH TRANSLATION
Exhibit P3 English Translation of Exhibit P3
Exhibit P4 English Translation of Exhibit P4
Exhibit P7 English Translation of Exhibit P7
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
APPENDIX OF WP(C) 21623/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE LICENCE CERTIFICATE
BEARING NO.10/04/C DATED 8.7.2004
ISSUED BY THE 3RD RESPONDENT
Exhibit P-2 TRUE COPY OF THE PUC RENEWAL
APPLICATION WITH ID:KL-240601U0000007
DATED 1.6.2024 OF THE PETITIONER WITH
RECEIPT
Exhibit P-3 TRUE COPY OF THE ORDER NO.KL-
240601U000007 DATED 11.6.2024 ISSUED BY
THE 4TH RESPONDENT TO THE PETITIONER
ExhibitP-4 TRUE COPY OF THE CIRCULAR NO.13/2023
DATED 13.3.2024 ISSUED BY THE 2ND
RESPONDENT
Exhibit P-5 TRUE COPY OF G.O.(RT) NO.48/1996/PW&T
DATED 15.2.1996 ISSUED BY THE 1ST
RESPONDENT
Exhibit P-6 TRUE COPY OF G.O.(RT) NO.411/2021/TRANS
DATED 22.11.2021 ISSUED BY THE 1ST
RESPONDENT
Exhibit P-7 TRUE COPY OF G.O.(RT) NO.259/2023/TRANS
DATED 26.6.2023 ISSUED BY THE 1ST
RESPONDENT
Exhibit P-8 TRUE COPY OF THE CERTIFICATE OF RENEWAL
OF LICENSE FOR AUTOMOBILE EXHAUST
TESTING STATION DATED 23.6.2014
Exhibit P-9 TRUE COPY OF THE MINUTES OF THE MEETING
HELD ON 24.7.2024 OF THE 2ND RESPONDENT
AND THE OFFICE BEARERS OF THE
ASSOCIATION CONTAINING THE DRAFT
CIRCULAR WITH ITS ENGLISH TRANSLATION
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
Exhibit P4 English Translation of Exhibit P4
Exhibit P7 English Translation of Exhibit P7
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
APPENDIX OF WP(C) 22333/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE LICENCE CERTIFICATE
BEARING NO.R5/09/04/C DATED 23.6.2014
ISSUED BY THE 3RD RESPONDENT
Exhibit P-2 TRUE COPY OF THE LICENCE CERTIFICATE
BEARING NO.13/09/2004 DATED 25.9.2020
ISSUED BY THE 3RD RESPONDENT
Exhibit P-3 TRUE COPY OF THE APPLICATION DATED
27.5.2024 SUBMITTED BY THE PETITIONER
TOGETHER WITH RECEIPT DATED 27.5.2024
Exhibit P-4 TRUE COPY OF THE ORDER
NO.KL240527U0000060 DATED 14.6.2024
ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER
Exhibit P-5 TRUE COPY OF THE CIRCULAR NO.13/2023
DATED 13.3.2024 ISSUED BY THE 2ND
RESPONDENT
Exhibit P-6 TRUE COPY OF G.O.(RT) NO.48/1996/PW&T
DATED 15.2.1996 ISSUED BY THE 1ST
RESPONDENT
Exhibit P-7 TRUE COPY OF G.O.(RT) NO.411/2021/TRANS
DATED 22.11.2021 ISSUED BY THE 1ST
RESPONDENT
Exhibit P-8 TRUE COPY OF G.O.(RT) NO.259/2023/TRANS
DATED 26.6.2023 ISSUED BY THE 1ST
RESPONDENT
Exhibit P-9 TRUE COPY OF THE MINUTES OF THE MEETING
HELD ON 24.7.2024 OF THE 2ND RESPONDENT
AND THE OFFICE BEARERS OF THE
ASSOCIATION CONTAINING THE DRAFT
CIRCULAR WITH ITS ENGLISH TRANSLATION
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
Exhibit P5 English Translation of Exhibit P5
Exhibit P8 English Translation Exhibit P8
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
APPENDIX OF WP(C) 24225/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LICENSE NO.
L6/2/2003/K DATED 02.12.2003 ISSUED BY
THE REGIONAL TRANSPORT OFFICER,
KOTTAYAM IN FAVOUR OF THE PETITIONER
Exhibit P2 TRUE COPY OF THE AUTHORIZATION TO ISSUE
PUC CERTIFICATE BEARING NO. KL0350001
DATED NIL ISSUED FROM THE SUB REGIONAL
TRANSPORT OFFICE, PALA TO THE
PETITIONER
Exhibit P3 TRUE COPY OF THE TRADE LICENSE BEARING
NO. BFIF02-M050600-00144-2024 DATED NIL
ISSUED FROM THE ERATTUPETTA
MUNICIPALITY IN FAVOUR OF THE
PETITIONER
Exhibit P4 TRUE COPY OF THE RENTAL AGREEMENT DATED
19/06/2024 EXECUTED BETWEEN THE
PETITIONER AND BUILDING OWNER
Exhibit P5 TRUE COPY OF THE CIRCULAR NO. 13/2023
DATED 13.03.2024 ISSUED BY THE 2ND
RESPONDENT
Exhibit P6 TRUE COPY OF THE PROCEEDINGS DATED
02.07.2024 PASSED BY THE 3RD RESPONDENT
REFUSING TO RENEW THE EXT. P2 LICENSE
Exhibit P7 TRUE PHOTOGRAPHS (1NO.S) SHOWING THE
PARKING AREA OF THE UNIT OF THE
PETITIONER
Exhibit P8 TRUE COPY OF THE INTERIM ORDER DATED
21/05/2024 PASSED BY THIS HONOURABLE
COURT IN W.P. ( C ) NO. 17369 OF 2024
W.P.(C).No. 17369 of 2024 & connected matters
2024:KER:70818
APPENDIX OF WP(C) 26560/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE LICENCE CERTIFICATE
BEARING NO. 13/09/2019 DATED 25.7.2019
ISSUED BY THE 3RD RESPONDENT
Exhibit P-2 TRUE COPY OF THE APPLICATION DATED
26.6.2024 SUBMITTED BY THE PETITIONER
TOGETHER WITH RECEIPT DATED 26.6.2024
Exhibit P-3 TRUE COPY OF THE ORDER NO.
KL24026U0000007 DATED 19.7.2024 ISSUED
BY THE 4TH RESPONDENT
Exhibit P-4 TRUE COPY OF THE CIRCULAR NO. 13/2023
DATED 13.3.2024 ISSUED BY THE 2ND
RESPONDENT WITH ENGLISH TRANSLATION
Exhibit P-5 TRUE COPY OF G.O.(RT) NO.48/1996/PW&T
DATED 15.2.1996 ISSUED BY THE 1ST
RESPONDENT
Exhibit P-6 TRUE COPY OF G.O.(RT) NO.411/2021/TRANS
DATED 22.11.2021 ISSUED BY THE 1ST
RESPONDENT
Exhibit P-7 TRUE COPY OF G.O.(RT) NO.259/2023/TRANS
DATED 26.6.2023 ISSUED BY THE 1ST
RESPONDENT WITH ENGLISH TRANSLATION
Exhibit P-8 TRUE COPY OF THE ORDER DATED 21.5.2024
IN W.P.(C) NO.17369/2024 OF THIS
HONOURABLE COURT
Exhibit P-9 RUE COPY OF THE MINUTES OF THE MEETING
HELD ON 24.7.2024 OF THE 2ND RESPONDENT
AND THE OFFICE BEARERS OF THE
ASSOCIATION CONTAINING THE DRAFT
CIRCULAR WITH ITS ENGLISH TRANSLATION
