Allowed

The Secretary, Transport Department v. Yahiya

Kerala HC19 Nov 2020WA/590/2020

Case brief

AI extract

What is this about?

Cancellation of vehicle registrations obtained in Puducherry was disputed on jurisdictional grounds. The court held that Kerala registering authorities could enquire and order cancellation under Section 55(5), while only the original authority could cancel the certificate and record entries. The State's appeals were allowed to that limited extent.

What did the court decide?

Single Judge's judgment set aside to the limited extent restricting Kerala registering authorities' power to order cancellation under Section 55(5).

The Secretary, Transport Department Vs Yahiya — Kerala HC (2020) — LawSathi Research

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶4

¶5

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶6

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶7

WA.No.2242 OF 2019

¶8

¶9

APPELLANTS/RESPONDENTS 1 AND 2 IN THE WPC:

¶10

1 THE SECRETARY TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

¶11

2 THE REGIONAL TRANSPORT OFFICER, KOTTAYAM DISTRICT, PIN CODE-686 002

¶12

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶13

RESPONDENTS/RESPONDENTS/PETITIONER & RESPONDENTS 3 & 4 IN WPC:

¶14

1 SHIBUMON P.V

¶15

S/O. BHASKARAN, PEEDOMCHERINJATHIL, THYKULAM P.O, PEROOR, KOTTAYAM DISTRICT-686 637

¶16

2 THE ASSISTANT REGISTERING AUTHORITY, PONDICHERRY-605 004

¶17

3 REGISTERING AUTHORITY, PONDICHERRY, MAHI-673 310

¶18

R1 BY ADV. SRI.PAUL K.VARGHESE R2-3 BY ADV. SHRI.ASADU AHMMED CHULLINTE

¶19

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2406/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶20

WA No.2242/2019 & conn.cases

¶21

-:2:-

¶22

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶23

PRESENT

¶24

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶25

¶26

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶27

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶28

WA.No.2406 OF 2019

¶29

AGAINST THE JUDGMENT IN WP(C) 18170/2018(U) OF HIGH COURT OF KERALA DATED 16/7/2019

¶30

APPELLANTS/RESPONDENTS 1 & 2 IN THE WPC:

¶31

1 THE SECRETARY, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM - 695 001.

¶32

2 THE JOINT REGIONAL TRANSPORT OFFICER, OFFICE OF THE JOINT REGIONAL TRANSPORT OFFICER, KOTHAMANGALAM, ERNAKULAM DISTRICT - 686 691.

¶33

BY BY SRI. P. RAVINDRANATH-SPL.G.P.

¶34

RESPONDENTS/PETITIONER & ADDL.R3 IN THE WPC:

¶35

1 MUHAMMED IKBAL K., S/O.KUNJUMUHAMMED, KALLUMPURATHU (H), PAREKANNI P.O., KOTHAMANGALAM VILLAGE, NELLIMATTAM (VIA), KALAVOOR KARA, ERNAKULAM DISTRICT - 686 693, DOING BUSINESS AT 31/13A, THIRUVALLUVAR SALARI, PILLAI THOTTAM, PONDICHERRY - 605 013.

¶36

2 THE REGISTERING AUTHORITY, PONDICHERRY, MAHI - 673 310.

¶37

R1 BY ADV. SRI.PAUL K.VARGHESE

¶38

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶39

WA No.2242/2019 & conn.cases

¶40

-:3:-

¶41

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶42

PRESENT

¶43

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶44

¶45

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶46

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶47

WA.No.2411 OF 2019

¶48

¶49

APPELLANTS/RESPONDENTS IN THE WPC:

¶50

1 STATE OF KERALA REPRESENTED BY SECRETARY, TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶51

2 TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM-695 001.

¶52

3 THE REGIONAL TRANSPORT OFFICER/REGISTERING AUTHORITY,OFFICE OF THE REGIONAL TRANSPORT OFFICER, CIVIL STATION, PALAKKAD-678 001.

¶53

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶54

RESPONDENT/PETITIONER IN WPC:

¶55

SOPHIA KISHORE

¶56

W/O.MOHAMMED KISHORE, ROCK HOUSE, RAMANATHAPURAM, PALAKKAD-678 014.

¶57

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶58

WA No.2242/2019 & conn.cases

¶59

-:4:-

¶60

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶61

PRESENT

¶62

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶63

¶64

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶65

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶66

WA.No.2422 OF 2019

¶67

¶68

APPELLANTS/RESPONDENTS IN THE WPC:

¶69

1 STATE OF KERALA REPRESENTED BY DEPARTMENT OF TRANSPORT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM 695 001.

¶70

2 REGIONAL TRANSPORT OFFICER, AND THE REGISTERING AUTHORITY, REGIONAL TRANSPORT OFFICE, OTTAPPALAM, PALAKKAD 679 101.

¶71

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶72

RESPONDENT/PETITIONER IN THE WPC:

¶73

GINU SWAROOP

¶74

W/O. SWAROOP RAJAN, DOOR NO. 66/1/C PLOT NO. 2, VEERAMPATTINAM STREET, KAKAYANTHOPE, ARIYANKUPPAM, PONDICHERRY -7, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER DR. C.A. RAJA, S/O. CA.A. ABRAHAM, RESIDING AT ROOP SARYA, MAYILVAHANAM, SHORNUR 1.

¶75

R1 BY ADV. SRI.MILLU DANDAPANI

¶76

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶77

WA No.2242/2019 & conn.cases

¶78

-:5:-

¶79

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶80

PRESENT

¶81

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶82

¶83

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶84

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶85

WA.No.2428 OF 2019

¶86

¶87

APPELLANTS/RESPONDENTS 1 TO 3 IN THE WPC:

¶88

1 THE STATE TRANSPORT COMMISSIONER,, TRANS TOWER, VAZHUTHACADU, THIRUVANANTHAPURAM 695 014.

¶89

2 THE DEPUTY TRANSPORT COMMISSIOENR, SOUTH ZONE, THIRUVANANTHAPURAM 695 572

¶90

3 THE REGIONAL TRANSPORT OFFICER (TAXATION OFFICER) THIRUVANANTHAPURAM 695 014

¶91

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶92

RESPONDENTS/PETITIONER & 4TH RESPONDENT IN THE WPC:

¶93

1 SREEKUMAR R., S/O. LATE RETNAMPILLAI, 50/505(1), GOWREE SANKARAM, MARUTHOORKADAVU, KALADY, KARAMANA P.O, THIRUVANANTHAPURAM 695 002

¶94

2 THE ASSISTANT REGISTERING AUTHORITY, PUDUCHERRY 605 001

¶95

R1 BY ADV. SRI.K.R.SUNIL

¶96

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶97

WA No.2242/2019 & conn.cases

¶98

-:6:-

¶99

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶100

PRESENT

¶101

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶102

¶103

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶104

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶105

WA.No.2429 OF 2019

¶106

AGAINST THE JUDGMENT IN WP(C) 25698/2018(J) OF HIGH COURT OF KERALA DATED 16/7/2019

¶107

APPELLANTS/RESPONDENTS 1 TO 3 IN THE WPC:

¶108

1 TRANSPORT COMMISSIONER

¶109

OFFICE OF THE TRANSPORT COMMISSIONER, TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014.

¶110

2 THE DEPUTY TRANSPORT COMMISSIONER, CENTRAL ZONE-2, KAKKANAD, ERNAKULAM-682 030.

¶111

3 REGIONAL TRANSPORT OFFICER, MUVATTUPUZHA-686 661.

¶112

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶113

RESPONDENTS/PETITIONER & ADDL.5TH RESPONDENT IN WPC:

¶114

1 BIJU V. THOTTAM S/O.T.U.KUNJACHAN, MANAGING PARTNER, THOTTATHIL FASHION JEWELLERY, MUNICIPAL SHOPPING COMPLEX, ROOM NO.6, KACHERITHAZHAM, MUVATTUPUZHA, RESIDING AT THOTTATHIL HOUSE, MARKET P.O., MUVATTUPUZHA-686 673.

¶115

2 THE ASSISTANT REGISTERING AUTHORITY, REGIONAL TRANSPORT OFFICE, 100 FEET ROAD, OPPOSITE BUS STOP, MUDALIYARPET, PUDUCHERRY-605 004.

¶116

R1 BY ADV.SR.SAJEEVKUMAR K.GOPAL

¶117

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶118

WA No.2242/2019 & conn.cases

¶119

-:7:-

¶120

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶121

PRESENT

¶122

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶123

¶124

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶125

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶126

WA.No.2434 OF 2019

¶127

¶128

APPELLANTS/RESPONDENTS 1 TO 4 IN THE WPC:

¶129

1 THE SECRETARY, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001.

¶130

2 THE REGIONAL TRANSPORT OFFICER, MUVATTUPUZHA, ERNAKULAM DISTRICT- 686669.

¶131

3 THE DEPUTY TAHSILDAR, KOTHAMANGALAM TALUK OFFICE, MUVATTUPUZHA, ERNAKULAM DISTRICT- 686691.

¶132

4 THE VILLAGE OFFICER, KOTHAMANGALAM VILLAGE OFFICE, KOTHAMANGALAM, ERNAKULAM DISTRICT- 686691.

¶133

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶134

RESPONDENTS/PETITIONER & ADDL.R5 IN THE WPC:

¶135

1 RENJITH PAUL, S/O.E.M.PAUL, EDAKKATTUKUDIYIL HOUSE, KUTHUKUZHY, KOTHAMANGALAM, ERNAKULAM DISTRICT- 686691.

¶136

2 REGISTERING AUTHORITY, PONDICHERRY, MAHI- 673310.

¶137

R1 BY ADV. SRI.PAUL K.VARGHESE

¶138

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶139

WA No.2242/2019 & conn.cases

¶140

-:8:-

¶141

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶142

PRESENT

¶143

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶144

¶145

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶146

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶147

WA.No.2436 OF 2019

¶148

AGAINST THE JUDGMENT IN WP(C) 33231/2018(D) OF HIGH COURT OF KERALA DATED 16/7/2019

¶149

APPELLANTS/RESPONDENTS IN THE WPC:

¶150

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF TRANSPORT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶151

2 THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN-682030.

¶152

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶153

RESPONDENT/PETITIONER IN THE WPC:

¶154

SABU JOHNY,

¶155

MANAGING DIRECTOR, M/S.EVM PREMIUM CARS INDIA PVT. LTD., DEEDI BUILDINGS, POORNANKUPPAM MAIN ROAD, PONDICHERRY-605007, HAVING PERMANENT RESIDENCE AT FLAT NO.3D, ORCHID COURTS APARTMENTS, PANCHAVDI, VYTILLA P.O., ERNAKULAM.

¶156

R1 BY ADV. SMT.R.MANEESHA

¶157

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶158

WA No.2242/2019 & conn.cases

¶159

-:9:-

¶160

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶161

PRESENT

¶162

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶163

¶164

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶165

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶166

WA.No.2448 OF 2019

¶167

AGAINST THE JUDGMENT IN WP(C) 27140/2018(N) OF HIGH COURT OF KERALA DATED 16/7/2019

¶168

APPELLANTS/RESPONDENTS 1 & 2 IN THE WPC:

¶169

1 THE SECRETARY, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶170

2 THE REGIOANL TRANSPORT OFFICER, KASARAGOD, KASARAGOD DISTRICT - 671 123.

¶171

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶172

RESPONDENTS/PETITIONER & R3 AND ADDL.R4 IN THE WPC:

¶173

1 KALANAD MOHAMMED HAMEED, S/O.MOHAMMED, HOUSE NO.14/358, KOMPANAPARA HOUSE, KALANAD P.O., KASARAGOD TALUK, KASARAGOD DISTRICT - 671 317, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SRI.BANAS, S/O.ABUBACKER, ARAYANKALAYIL HOUSE, PEZHAKAPPILLY P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT.

¶174

2 THE ASSISTANT REGISTERING AUTHORITY, PONDICHERRY - 605 004.

¶175

3 THE REGISTERING AUTHORITY, 100 FEET ROAD, MUDALIARPET, PONDICHERRY - 605 004.

¶176

R1 BY ADV. SRI.PAUL K.VARGHESE

¶177

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶178

WA No.2242/2019 & conn.cases

¶179

-:10:-

¶180

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶181

PRESENT

¶182

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶183

¶184

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶185

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶186

WA.No.2455 OF 2019

¶187

AGAINST THE JUDGMENT IN WP(C) 22652/2018(F) OF HIGH COURT OF KERALA DATED 16/7/2019

¶188

APPELLANTS/RESPONDENTS 1 TO 4 IN THE WPC:

¶189

1 THE TRANSPORT COMMISSIONER

¶190

TRANS TOWER,VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.

¶191

2 THE DEPUTY TRANSPORT COMMISSIONER, KOCHI-682021.

¶192

3 REGIONAL TRANSPORT OFFICER, (TAXATION OFFICER),MUVATTUPUZHA-686661.

¶193

4 THE DEPUTY TAHSILDAR, MUVATTUPUZHA-686661.

¶194

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶195

RESPONDENTS/PETITIONER & ADDL.5TH RESPONDENT IN WPC:

¶196

1 SAJEEV MATHEW CHERUMATTATHIL HOUSE,EAST MARADY.P.O, MUVATTUPUZHA-686673.

¶197

2 THE ASSISTANT REGISTERING AUTHORITY, PUDUCHERRY-605001.

¶198

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-10-2020, ALONG WITH WA.668/2020 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶199

WA No.2242/2019 & conn.cases

¶200

-:11:-

¶201

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶202

PRESENT

¶203

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶204

¶205

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶206

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶207

WA.No.2456 OF 2019

¶208

AGAINST THE JUDGMENT IN WP(C) 22063/2018(G) OF HIGH COURT OF KERALA DATED 16/7/2019

¶209

APPELLANTS/RESPONDENTS 1 & 2 IN THE WPC:

¶210

1 THE REGIONAL TRANSPORT OFFICER

¶211

CIVIL STATION,KAKKANAD,ERNAKULAM-682030.

¶212

2 THE TRANSPORT COMMISSIONER, TRANS TOWER,VAZHUTHAKKAD, THIRUVANANTHAPURAM-695006.

¶213

BY ADV.SRI. P. RAVINDRANATH-SPL.G.P.

¶214

RESPONDENTS/PETITIONER & ADDL.R3 IN THE WPC:

¶215

1 SUNILKUMAR K.G

¶216

33/3405/N9 NEW BLOCK,2ND FLOOR-B, KENT ILLAM,VENNALA.P.O,COCHIN.

¶217

2 THE REGIONAL TRANSPORT OFFICER(REGISTERING AUTHORITY), PONDICHERRY-605001.

¶218

R1 BY SRI.K.V.GOPINATHAN NAIR

¶219

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶220

WA No.2242/2019 & conn.cases

¶221

-:12:-

¶222

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶223

PRESENT

¶224

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶225

¶226

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶227

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶228

WA.No.2457 OF 2019

¶229

AGAINST THE JUDGMENT IN WP(C) 24517/2018(L) OF HIGH COURT OF KERALA DATED 16/7/2019

¶230

APPELLANTS/RESPONDENTS IN THE WPC:

¶231

1 THE TRANSPORT COMMISSIONER, TRANSPORT DEPARTMENT, TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.

¶232

2 THE REGIONAL TRANSPORT OFFICER, THRISSUR, PIN-680001.

¶233

3 THE DEPUTY TAHSILDAR, REVENUE RECOVERY, THRISSUR TALUK, THRISSUR, PIN-680001.

¶234

4 THE VILLAGE OFFICER, THRISSUR VILLAGE, THRISSUR, PIN-680001.

¶235

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶236

RESPONDENT/PETITIONER IN THE WPC:

¶237

ABDUL GAFOOR .A.V., NO.8, 100 FT ROAD, ELLIAIPILLAICHAVADY, PUDUCHERRY605005, PERMANENT RESIDENCE AT ARAKKAL VETTATH HOUSE, PREMJI ROAD, PONKUNNAM, THRISSUR-680001.

¶238

R1 BY ADV. SRI.A.R.NIMOD R1 BY ADV. SRI.M.A.AUGUSTINE

¶239

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶240

WA No.2242/2019 & conn.cases

¶241

-:13:-

¶242

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶243

PRESENT

¶244

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶245

¶246

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶247

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶248

WA.No.2459 OF 2019

¶249

¶250

APPELLANTS/RESPONDENTS IN THE WPC:

¶251

1 THE JOINT REGIONAL TRANSPORT OFFICER, PALA, PIN - 686 575.

¶252

2 THE DEPUTY TRANSPORT COMMISSIONER, CENTRAL ZONE-II, KAKKANAD P.O., ERNAKULAM, PIN - 682 030.

¶253

3 STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF TRANSPORT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

¶254

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶255

RESPONDENT/PETITIONER IN THE WPC:

¶256

MERCY JOHNY,

¶257

W/O.JOHNY, KUNNUMPURATH HOUSE, PALA P.O., KOTTAYAM, PIN - 686 575, NOW RESIDING AT 3A, 1ST FLOOR, NEERODUM STREET, OPPOSITE GOVERNMENT MIDDLE SCHOOL, MUDALARPET, PUDUCHERRY, PIN - 605 004.

¶258

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶259

WA No.2242/2019 & conn.cases

¶260

-:14:-

¶261

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶262

PRESENT

¶263

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶264

¶265

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶266

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶267

WA.No.2460 OF 2019

¶268

AGAINST THE JUDGMENT IN WP(C) 22577/2018(V) OF HIGH COURT OF KERALA DATED 16/7/2019

¶269

APPELLANTS/RESPONDENTS IN THE WPC:

¶270

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF TRANSPORT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶271

2 THE JOINT REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, CIVIL STATION, PATTAMBI, PALAKKAD DISTRICT- 679303.

¶272

3 THE DEPUTY TAHSILDAR JR.SUPERINTENDENT, PATTAMBI TALUK, PALAKKAD DISTRICT- 679102.

¶273

4 THE VILLAGE OFFICER, PATTAMBI TALUK, VALLAPUZHA VILLAGE, PALAKKAD DISTRICT- 679336.

¶274

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶275

RESPONDENT/PETITIONER IN THE WPC:

¶276

MOHAMMED NAVAS C.T., S/O.YOOSAF HAJI, CHETTIYARTHODI-JAZZ VILLA, KURUVATTOOR, VALLAPUZHA- 679336.

¶277

R1 BY ADV.SMT.LEO LUKOSE

¶278

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶279

WA No.2242/2019 & conn.cases

¶280

-:15:-

¶281

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶282

PRESENT

¶283

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶284

¶285

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶286

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶287

WA.No.2469 OF 2019

¶288

¶289

APPELLANTS/RESPONDENTS 1 AND 2 IN THE WPC:

¶290

1 THE REGIONAL TRANSPORT OFFICER

¶291

MINI CIVIL STATION, MUVATTUPUZHA-686 661.

¶292

2 THE TRANSPORT COMMISSIONER,

¶293

TRANS TOWER, VAZHUTHAKKAD, THIRUVANANTHAPURAM-695 006.

¶294

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶295

RESPONDENTS/PETITIONER & ADDL.R3 IN THE WPC:

¶296

1 SATHIAN C.K. S/O.KUNJAN, GOKUL HOUSE, KADATHY, MARKET P.O., MUVATTUPUZHA-686 661.

¶297

2 THE REGIONAL TRANSPORT OFFICER(REGISTERING AUTHORITY), PONDICHERRY-605 001.

¶298

R1 BY SRI.K.V.GOPINATHAN NAIR

¶299

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶300

WA No.2242/2019 & conn.cases

¶301

-:16:-

¶302

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶303

PRESENT

¶304

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶305

¶306

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶307

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶308

WA.No.2472 OF 2019

¶309

AGAINST THE JUDGMENT IN WP(C) 24482/2018(I) OF HIGH COURT OF KERALA DATED 16/7/2019

¶310

APPELLANTS/RESPONDENTS 1 TO 5 IN THE WPC:

¶311

1 THE DISTRICT COLLECTOR,KOTTAYAM, PIN-682 002.

¶312

2 THE TAHSILDAR RR, KOTTAYAMN TALUK, KOTTAYAM-682 002.

¶313

3 THE DEPUTY TAHSILDAR, KOTTAYAM TALUK, KOTTAYAM-682 002.

¶314

4 THE REGIONAL TRANSPORT OFFICER, KOTTAYAM, CIVIL STATION, KOTTAYAM-682 002.

¶315

5 THE COMMISSIONER OF TRANSPORT, OFFICE OF THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM-695 014.

¶316

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶317

RESPONDENTS/PETITIONER & ADDL.6TH RESPONDENT IN WPC:

¶318

1 K.A.JOSEPH, KANDATHIL HOUSE, ANIKKADU P.O., KOTTAYAM-686 503.

¶319

2 THE REGISTERING AUTHORITY, PUDUCHERRY, OFFICE OF THE MOTOR VEHICLE REGISTERING AUTHORITY, PUDUCHERRY-605 001.

¶320

R1 BY SRI.G.BHAGAVAT SINGH

¶321

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶322

WA No.2242/2019 & conn.cases

¶323

-:17:-

¶324

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶325

PRESENT

¶326

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶327

¶328

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶329

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶330

WA.No.2474 OF 2019

¶331

AGAINST THE JUDGMENT IN WP(C) 24204/2018(A) OF HIGH COURT OF KERALA DATED 16/7/2019

¶332

APPELLANTS/RESPONDENTS 1 & W IN THE WPC:

¶333

1 THE SECRETARY, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶334

2 THE REGIONAL TRANSPORT OFFICER,

¶335

PERUMBAVOOR, ERNAKULAM DISTRICT-683548.

¶336

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶337

RESPONDENTS/PETITIONER & R3 & ADDL.R4 IN THE WPC:

¶338

1 J AND P SAND AND AGGREGATES INTERNATIONAL PRIVATE LIMITED,

¶339

CHEMBERY P O, PAYATTUCHAL, KANNUR, REPRESENTED BY ITS MANAGING DIRECTOR, PETER JOSEPH, S/O. JOSEPH, PUNJAPUTHUSSERIL HOUSE, KIZHAKKAMBALAM, ERNAKULAM DISTRICT, PIN-683562, HAVING OFFICE AT 27 IYANAR KOVIL STREET O.K, PALAYAM, MUDALIARPET, PONDICHERRY-695004,

¶340

2 THE ASSISTANT REGISTERING AUTHORITY, PONDICHERRY-605004.

¶341

3 THE REGISTERING AUTHORITY, PONDICHERRY-605004.

¶342

R1 BY ADV. SRI.PAUL K.VARGHESE

¶343

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶344

WA No.2242/2019 & conn.cases

¶345

-:18:-

¶346

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶347

PRESENT

¶348

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶349

¶350

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶351

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶352

WA.No.2479 OF 2019

¶353

AGAINST THE JUDGMENT IN WP(C) 18068/2018(G) OF HIGH COURT OF KERALA DATED 16/7/2019

¶354

APPELLANTS/RESPONDENTS 1 & W IN THE WPC:

¶355

1 THE REGIONAL TRANSPORT OFFICER ERNAKULAM 682 030.

¶356

2 THE TRANSPORT COMMISSIONER, TRANS TOWER, VAZHUTHAKKAD, THIRUVANANTHAPURAM 695 002.

¶357

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶358

RESPONDENTS/PETITIONER & ADDL.R3 IN THE WPC:

¶359

1 JAIHIND TRADERS

¶360

29/621 K., JAIN TOWER, VYTTILA, COCHIN 682 019.

¶361

2 THE REGIONAL TRANSPORT OFFICER, (REGISTERING AUTHORITY), PONDICHERRY 605 001.

¶362

R1 BY ADV.SRI.K.V.GOPINATHAN NAIR

¶363

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶364

WA No.2242/2019 & conn.cases

¶365

-:19:-

¶366

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶367

PRESENT

¶368

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶369

¶370

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶371

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶372

WA.No.2492 OF 2019

¶373

AGAINST THE JUDGMENT IN WP(C) 16465/2018(G) OF HIGH COURT OF KERALA DATED 16/7/2019

¶374

APPELLANTS/RESPONDENTS 1 TO 3 IN THE WPC:

¶375

1 THE JOINT REGIONAL TRANSPORT OFFICER IRINJALAKKUDA-680121.

¶376

2 THE TRANSPORT COMMISSIONER, TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM- 695014.

¶377

3 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, ROOM NO.131, II FLOOR, NORTH BLOCK, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001.

¶378

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶379

RESPONDENTS/PETITIONER & R4 IN TH EWPC:

¶380

1 K.R.SURESHKUMAR, PROPRIETOR, M/S.KALLADA TOURS AND TRAVELS, S/O.LATE RAMAKRISHNAN NO.31, FANSWA THOTTAM, PONDICHERRY, PUDUCHERRY- 605005.

¶381

2 THE REGIONAL TRANSPORT OFFICER, PUDUCHERRY- 605001.

¶382

BY ADV.SRI.G.HARIHARAN FOR R1

¶383

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶384

WA No.2242/2019 & conn.cases

¶385

-:20:-

¶386

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶387

PRESENT

¶388

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶389

¶390

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶391

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶392

WA.No.2503 OF 2019

¶393

AGAINST THE JUDGMENT IN WP(C) 22273/2018(H) OF HIGH COURT OF KERALA DATED 16/7/2019

¶394

APPELLANTS/RESPONDENTS IN THE WPC:

¶395

1 THE REGIONAL TRANSPORT OFFICER ERNAKULAM-682 030.

¶396

2 THE TRANSPORT COMMISSIONER, TRANS TOWER, VAZHUTHAKKAD, THIRUVANANTHAPURAM, PIN695 001.

¶397

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶398

RESPONDENTS/PETITIONER IN THE WPC:

¶399

M/S. JOS ELECTRICAL (AGENCIES) REPRESENTED BY ITS PARTNER, SANDEEP LUIZ, S/O.M.J.LUIZ, 8/8A, P.T.USHA ROAD, ERNAKULAM, COCHIN-682 011.

¶400

R1 BY ADV. SRI.PEEYUS A.KOTTAM

¶401

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶402

WA No.2242/2019 & conn.cases

¶403

-:21:-

¶404

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶405

PRESENT

¶406

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶407

¶408

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶409

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶410

WA.No.2514 OF 2019

¶411

AGAINST THE JUDGMENT IN WP(C) 13970/2018(U) OF HIGH COURT OF KERALA DATED 16/7/2019

¶412

APPELLANTS/RESPONDENTS 1 TO 3 IN THE WPC:

¶413

1 THE SECRETARY TO GOVERNMENT,

¶414

MINISTRY OF TRANSPORT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶415

2 TRANSPORT COMMISSIONER,

¶416

2ND FLOOR, TRANS TOWERS, THAICAUD P.O., VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.

¶417

3 THE RTO, KOZHIKDOE REGION, KOZHIKODE, OP RAMAN RD, ERANHIPPALAM, KOZHIKODE, KERALA-673020.

¶418

BY SRI. P. RAVINDRANATH-SPL.G.P. RESPONDENTS/PETITIONER & 4TH RESPONDENT IN THE WPC:

¶419

1 NATARAJ P.S., S/O. SADASIVAN PILLAI, HAVING ADDRESS AT PUDUCHERRY AS 15 RICE MILL STREET, (KUPPAM) PAPPAN CHAVADY, PUDUCHERRY AND HAVING HIS ADDRESS AT KERALA AS FLAT NO.7E, SKYLINE OCEANIC APARTMENT, BEACH P.O., KOZHIKODE-673032.

¶420

2 REGIONAL TRANSPORT AUTHORITY, UNION TERRITORY OF PUDUCHERRY-605010.

¶421

R1 BY SRI.S.K.PREMJITH MENON

¶422

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶423

WA No.2242/2019 & conn.cases

¶424

-:22:-

¶425

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶426

PRESENT

¶427

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶428

¶429

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶430

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶431

WA.No.2554 OF 2019

¶432

AGAINST THE JUDGMENT IN WP(C) 24216/2018(B) OF HIGH COURT OF KERALA DATED 16/7/2019

¶433

APPELLANTS/RESPONDENS 1 & 2 IN THE WPC:

¶434

1 JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, THALASSERY-670 101.

¶435

2 STATE OF KERALA REPRESETNED BY THE SECRETARY, DEPARTMENT OF TRANSPORT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶436

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶437

RESPONDENTS/PETITIONER & R3 IN THE WPC:

¶438

1 PRASEETH PADMAN PROPRIETOR, M/S. COSMOS BUILDING MATERIALS, CHIRAKKARA, THALASSERY, KANNUR DISTRICT.

¶439

2 THE REGIONAL TRANSPORT OFFICER REGIONAL TRANSPORT OFFICE, PONDICHERRY-605 001.

¶440

R1 BY SRI.T.REMESH BABU

¶441

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶442

WA No.2242/2019 & conn.cases

¶443

-:23:-

¶444

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶445

PRESENT

¶446

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶447

¶448

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶449

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶450

WA.No.2555 OF 2019

¶451

AGAINST THE JUDGMENT IN WP(C) 24050/2018(E) OF HIGH COURT OF KERALA DATED 16/7/2019

¶452

APPELLANTS/RESPONDENTS 1 TO 5 IN THE WPC:

¶453

1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,TRANSPORT DEPARTMENT, THE SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶454

2 TRANSPORT COMMISSIONER,

¶455

OFFICE OF THE TRANSPORT COMMISSIONER, 2ND FLOOR, TRANS TOWERS, THYCAUD.P.O., THIRUVANANTHAURAM695014.

¶456

3 THE STATE POLICE CHIEF AND DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTER, THIRUVANANTHAPURAM-695010.

¶457

4 THE REGIONAL TRANSPORT OFFICER AND REGISTERING AUTHORITY, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN-682030.

¶458

5 THE JOINT REGIONAL TRANSPORT OFFICER AND ADDITIONAL REGISTERING AUTHORITY, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN-682030.

¶459

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶460

RESPONDENTS/PETITIONER & ADDL.R6 IN WPC:

¶461

1 HAZEM ABDUL KHADER SALIHA, MANAGING PARTNER, MAYYAZHI GROUP, BRANCH OFFICE, NO.17A. PSC BANK NAGAR, 100 FEET ROAD, MUDALIYARPET, PUDUCHERRY-605004.

¶462

WA No.2242/2019 & conn.cases

¶463

-:24:-

¶464

2 THE ASSISTANT REGISTERING AUTHORITY, OFFICE OF THE ASSISTANT REGISTERING AUTHORITY, OLUGARAT TALUK, SATHYA NAGAR, GNANAPRAKASHAM NAGAR, SARAM, PUDUCHERRY, PIN-605004.

¶465

R1 BY ADV. SRI.M.AJAY

¶466

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-10-2020, ALONG WITH WA.668/2020 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶467

WA No.2242/2019 & conn.cases

¶468

-:25:-

¶469

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶470

PRESENT

¶471

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶472

¶473

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶474

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶475

WA.No.14 OF 2020

¶476

AGAINST THE JUDGMENT IN WP(C) 23175/2018(V) OF HIGH COURT OF KERALA DATED 16/7/2019

¶477

APPELLANTS/RESPONDENTS IN THE WPC:

¶478

1 TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, TRANS TOWERS, VAZHUTHACAUD, THYCAUD P.O., THIRUVANANTHAPURAM - 695 014.

¶479

2 THE REGIONAL TRANSPORT OFFICER, ALAPPUZHA, CIVIL STATION, CIVIL STATION P.O., ALAPPUZHA, PIN - 688 001.

¶480

3 STATE OF KERALA, REPRESENTED BY THE SECRETARY, MOTOR VEHICLES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

¶481

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶482

RESPONDENT/PETITIONER IN THE WPC:

¶483

OMAR FAROOQUE MINTY P.T., S/OL P.K. THAHA, PEARL GARDENS, CHANDIROOR, CHERTHALA, ALAPPUZHA DISTRICT - 688 534.

¶484

BY ADV.V.MAHENDRANATH

¶485

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶486

WA No.2242/2019 & conn.cases

¶487

-:26:-

¶488

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶489

PRESENT

¶490

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶491

¶492

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶493

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶494

WA.No.35 OF 2020

¶495

AGAINST THE JUDGMENT IN WP(C) 21399/2018(Y) OF HIGH COURT OF KERALA DATED 16/7/2019

¶496

APPELLANTS/RESPONDENTS 1 TO 3 & 7 TO 9 IN THE WPC:

¶497

1 STATE OF KERALA

¶498

REPRESENTED BY THE SECRETARY TO GOVERNMENT,TRANSPORT DEPARTMENT. GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶499

2 THE TRANSPORT COMMISSIONER, TRANS TOWERS,VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014.

¶500

3 THE JOINT RTO, SUB RTO OFFICE,MINI CIVIL STATION, CHERTHALA,ALAPPUZHA DISTRICT,PIN-688 524.

¶501

4 THE ENQUIRY OFFICER, (K.G. BIJU),MOTOR VEHICLES INSPECTOR, SUB RTO OFFICE, CHERTHALA,ALAPPUZHA DISTRICT,PIN-688 524.

¶502

5 GEORGE THOMAS, MOTOR VEHICLES INSPECTOR,I.D.NO.1227, REGIONAL TRANSPORT OFFICE,KAKKANAD, ERNAKULAM,KOCHI-682 030.

¶503

6 THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE,KAKKANAD, ERNAKULAM,KOCHI-682 030.

¶504

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶505

WA No.2242/2019 & conn.cases

¶506

-:27:-

¶507

RESPONDENTS/PETITIONER & RESPONDENTS 4 TO 6 IN WPC:

¶508

1 R.F.EXPORTS REPRESENTED BY ITS PROPRIETOR, FAROOK F.M.,S/O.A.M.MOOSA HANJI,MANAR, CHANDIROOR P.O.,ERAMALLOOR,CHERTHALA, ALAPPUZHA,PIN-688 537. HAVING REGISTERED OFFICE AT ERNAMALLOOR,ERNAMALLOOR P.O., CHERTHALA,ALAPPUZHA PIN-688 537,FORMERLY HAVING REGIONAL OFFICE AT R.F. EXPORTS 91,VILLIANUR MAIN ROAD,ARUMPARTHAPURA, PUDUCHERRY-605 110.

¶509

2 PORCHE CENTRE, KOCHI,REPRESENTED BY M/S.EVM PREMIUM CARS INDIA PVT.LTD.REGD.OFFICE V/127,128,NH BYE PASS, KANNADIKKADU,MARADU,KOCHI-628 304.

¶510

3 MUHAMMED ASHRAF V., S/O.AHAMAD,VAYAPURATH HOUSE,ELETTIL P.O., KODUVALLY,KOZHIKODE.

¶511

4 MRS.SHABAB, PONNAMBATH,S/O.LAILA, AHLIMA,4/1702,NEAR STATE BANK.MAHE, PUDUCHERRY-673 310.

¶512

R1 BY ADV. DR.SEBASTIAN CHAMPAPPILLY R2 BY ADV. SMT.R.MANEESHA R4 BY ADV. SRI.T.K.RAJESHKUMAR R4 BY ADV. KUM.APARNA SOMARAJAN R4 BY ADV. SMT.MERSEENA VINCENT

¶513

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶514

WA No.2242/2019 & conn.cases

¶515

-:28:-

¶516

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶517

PRESENT

¶518

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶519

¶520

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶521

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶522

WA.No.71 OF 2020

¶523

AGAINST THE JUDGMENT IN WP(C) 17432/2018(D) OF HIGH COURT OF KERALA DATED 16/7/2019

¶524

APPELLANTS/RESPONDENTS 1 TO 3 IN THE WPC:

¶525

1 STATE OF KERALA

¶526

REP BY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF TRANSPORT , GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001

¶527

2 THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, THALASSERY P.O, KANNUR DISTRICT 670 101

¶528

3 THE MOTOR VEHICLE INSPECTOR, THALASSERY P.O, KANNUR DISTRICT 670 101

¶529

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶530

RESPONDENTS/PETITIONER & R1 IN THE WPC:

¶531

1 M.M.THOMAS S/O. JOSEPH, MADATHINAMATTATHIL, KAICHERI, KANNAVAM P.O, KANNUR DISTRICT 670 650, ALSO RESIDING AT NO. 15 RICE MILL STREET, KUPPAM, PAPPANCHAVADY, PUDUCHERRY, PONDICHERRY 605 001

¶532

2 THE REGISTERING AUTHORITY, REGIONAL TRANSPORT OFFICE OF PONDICHERRY, 100 FEET ROAD, BHARTHIDASAN NAGAR, MUDALIYARPET, PUDUCHERRY 605 004

¶533

R1 BY ADV.M.R.JAYALATHA

¶534

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶535

WA No.2242/2019 & conn.cases

¶536

-:29:-

¶537

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶538

PRESENT

¶539

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶540

¶541

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶542

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶543

WA.No.452 OF 2020

¶544

AGAINST THE JUDGMENT IN WP(C) 25979/2018(V) OF HIGH COURT OF KERALA DATED 26/7/2019

¶545

APPELLANTS/RESPONDENTS 1, 2, 4 & T IN THE WPC:

¶546

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

¶547

2 THE REGIONAL TRANSPORT OFFICER KANNUR.

¶548

3 THE DEPUTY TRANSPORT COMMISSIONER KOZHIKODE.

¶549

4 TRANSPORT COMMISSIONER GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.

¶550

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶551

RESPONDENTS/PETITIONER & 3RD RESPONDENT IN THE WPC:

¶552

1 DINESH NAMBIAR P. M. S/O. DAMODARAN NAMBIAR, BUSINESS PROPRIETOR, M/S. ARAVIND ENTERPRISES, MAHE (UNION TERRITORY OF PUDUCHERRY), PERMANENTLY RESIDING AT 'VRINDAVAN', NEAR WEAVER'S SOCIETY, IRINAV - 670 301, KALLYASSERY, KANNUR DIST., KERALA.

¶553

WA No.2242/2019 & conn.cases

¶554

-:30:-

¶555

2 THE ASST. REGISTERING AUTHORITY UNDER M. V. ACT, MAHE-673310.

¶556

R1 BY ADV. SRI.K.S.AJAYAGHOSH R1 BY ADV. SRI.P.K.RAVI KRISHNAN

¶557

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶558

WA No.2242/2019 & conn.cases

¶559

-:31:-

¶560

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶561

PRESENT

¶562

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶563

¶564

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶565

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶566

WA.No.590 OF 2020

¶567

¶568

APPELLANTS/RESPONDENTS 1, 2, 4 & 5 IN THE WPC:

¶569

1 THE SECRETARY, TRANSPORT DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶570

2 THE REGIONAL TRANSPORT OFFICER, MUVATTUPUZHA, ERNAKULAM DISTRICT-686 669.

¶571

3 THE DEPUTY TAHSILDAR, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 661.

¶572

4 THE VILLAGE OFFICER, VELLOORKUNNAM VILLAGE, MUVATTUPUZHA-686 673.

¶573

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶574

RESPONDENTS/PETITIONER & 3RD RESPONDNET IN THE WPC:

¶575

1 YAHIYA

¶576

S/O.SEETHY, THOTTATHIKUDIYIL HOUSE, MARKET POST, URAVAKUZHY, MUVATTUPUZHA, VELLORKUNNAM, ERNAKULAM DITRICT-686 673.

¶577

2 THE ASSISTANT REGISTERING AUTHORITY, PONDICHERY, PIN-605 001.

¶578

R1 BY ADV. SRI.PAUL K.VARGHESE

¶579

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶580

WA No.2242/2019 & conn.cases

¶581

-:32:-

¶582

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶583

PRESENT

¶584

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶585

¶586

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶587

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶588

WA.No.668 OF 2020

¶589

¶590

APPELLANTS/RESPONDENTS IN THE WPC:

¶591

1 THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, VAZHUTHACADU, THIRUVANANTHAPURAM - 695 014.

¶592

2 THE DEPUTY TRANSPORT COMMISSIONER CENTRAL ZONE I, LI FLOOR, CIVIL STATION AYYANTHOLE (P.O.), THRISSUR - 680 003.

¶593

3 JOINT REGIONAL TRANSPORT OFFICER MINI CIVIL STATION, IRINJALAKUDA, THRISSUR - 680 121.

¶594

4 ASSISTANT MOTOR VEHICLE INSPECTOR IRINJALAKUDA, THRISSUR - 680 121.

¶595

5 THE DEPUTY TAHSILDAR MUKUNDAPURAM TALUK OFFICE,

¶596

MUKUNDAPURAM, THRISSUR - 680 733.

¶597

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶598

RESPONDENT/PETITIONER IN THE WPC:

¶599

SANTHOSH C.D. S/O.DAMODHARAN, CHERAKULAM HOUSE, IRINJALAKUDA NORTH, THRISSUR - 680 121.

¶600

BY SRI.N.B.ANOOP

¶601

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-10-2020, ALONG WITH WA.2455/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶602

WA No.2242/2019 & conn.cases

¶603

-:33:-

¶604

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶605

PRESENT

¶606

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶607

¶608

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶609

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶610

WA.No.695 OF 2020

¶611

AGAINST THE JUDGMENT IN WP(C) 16037/2018(D) OF HIGH COURT OF KERALA DATED 16/7/2019

¶612

APPELLANTS/RESPONDENTS 1 TO 3 IN THE WPC:

¶613

1 THE JOINT REGIONAL TRANPORT OFFICER THODUPUZHA - 688554,

¶614

2 THE TRANSPORT COMMISSIONER, TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014,

¶615

3 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, ROOM NO.131, II FLOOR, NORTH BLOCK, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.

¶616

BY SRI. P. RAVINDRANATH-SPL.G.P. RESPONDENTS/PETITIONER & R4 IN THE WPC:

¶617

1 RAUN JOSEPH GEORGE S/O. GEORGE, PROPRIETOR, M/S. MARIYA TRANSPORT, THODUPUZHA P O, THODUPUZHA, IDUKKI, NOW RESIDING AT NO.40 LIBRARY STREET, MURUNGAPAKKAM, PONDICHERRY, PUDUCHERRY-605004,

¶618

2 THE REGIONAL TRANPORT OFFICER, PUDUCHERRY-605001.

¶619

R1 BY SRI.G.HARIHARAN

¶620

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-10-2020, ALONG WITH WA.668/2020 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶621

WA No.2242/2019 & conn.cases

¶622

-:34:-

¶623

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶624

PRESENT

¶625

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶626

¶627

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶628

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶629

WA.No.702 OF 2020

¶630

AGAINST THE JUDGMENT IN WP(C) 37452/2018(F) OF HIGH COURT OF KERALA DATED 26/7/2019

¶631

APPELLANTS/RESPONDENTS 1 TO 5 IN THE WPC:

¶632

1 STATE OF KERALA

¶633

REPRESENTED BY THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001

¶634

2 THE TRANSPORT COMMISSIONER, TRANS TOWER, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014

¶635

3 THE JOINT RTO, POERUMBAVUR, SUB RTO OFFICE, IRINGOLE.P.O., PERUMBAVUR, ERNAKULAM DISTRICT, PIN-683548

¶636

4 THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT, PIN-682030

¶637

5 THE VILLAGE OFFICER, PERUMBAVUR, PERUMBAVUR, ERNAKULAM DISTRICT PIN-683542

¶638

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶639

RESPONDENTS/PETITIONER & 6TH RESPONDENT IN THE WPC:

¶640

1 ALFA SAIDUMOHAMMED NAZEER W/O.SAIDUMOHAMMED NAZEER, H.NO.1/2030-A, KUNNUMPURAM, FORT KOCHI PO, ERNAKULAM, KERALA STATE, INDIA, PIN-682001, NOW RESIDNG AT TAWAR COMPOUND, VILLA 39, P.O.BOX NO.60594, DOHA, STATE

¶641

WA No.2242/2019 & conn.cases

¶642

-:35:-

¶643

OF QATAR, REPRESENTED BY HER POWER OF ATTORNEY HOLDER MR.NASEER.P.K., S/O.PUTHIRI BAVA KOCHUPAREED, PUTHIRI HOUSE, RAYONPURAM.P.O, PERUMBAVUR, ERNAKULAM DISTRICT, KERALA STATE, INDIA PIN-683543

¶644

2 THE REGIONAL TRANSPORT OFFICER, (RTO) OFFICE OF THE RTO, 100 FEET ROAD, BHARATIDASAN NAGAR, MUDALIARPET, PUDUCHERRY, PIN605004

¶645

R1 BY ADV. DR.SEBASTIAN CHAMPAPPILLY R1 BY ADV. SRI.P.A.SAINUDEEN

¶646

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-10-2020, ALONG WITH WA.668/2020 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶647

WA No.2242/2019 & conn.cases

¶648

-:36:-

¶649

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶650

PRESENT

¶651

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶652

¶653

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶654

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶655

WA.No.748 OF 2020

¶656

AGAINST THE JUDGMENT IN WP(C) 22936/2018(N) OF HIGH COURT OF KERALA DATED 16/7/2019

¶657

APPELLANTS/RESPONDENTS IN THE WPC:

¶658

1 THE REGIONAL TRANSPORT OFFICER, ERNAKULAM, PIN 682 030

¶659

2 TRANSPORT COMMISSIONER, TRANS TOWER, VAZHUTHACAUD, THIRUVANANTHAPURAM 695 001

¶660

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶661

RESPONDENT/PETITIONER IN THE WPC:

¶662

1 ZEENATH NAZAR, W/O. ABDUL NAZAR, 22/40, VILLA RETREAT, NOYCE ROAD, KODAIKANAL, DINDUGAL, TAMIL NADU 624 101

¶663

BY ADV.SRI.PEEYUS A. KOTTAM

¶664

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶665

WA No.2242/2019 & conn.cases

¶666

-:37:-

¶667

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶668

PRESENT

¶669

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶670

¶671

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶672

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶673

WA.No.768 OF 2020

¶674

AGAINST THE JUDGMENT IN WP(C) 16080/2018(H) OF HIGH COURT OF KERALA DATED 16/7/2019

¶675

APPELLANTS/RESPONDENTS 1 TO 3 IN THE WPC:

¶676

1 THE JOINT REGIONAL TRANSPORT OFFICER, THODUPUZHA, THODUPUZHA-688554

¶677

2 THE TRANSPORT COMMISSIONER, TRANS TOWES, VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.

¶678

3 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, ROOM NO.131, II FLOOR, NORTH BLOCK, GOVERNMENT SECRETARIAT, THIRUVANANTHAPRUAM-695001

¶679

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶680

RESPONDENTS/PETITIONER & R4 IN THE WPC:

¶681

1 GEORGE JOSEPH, S/O.JOSEPH, NEDUMPARA HOUSE, THODUPUZHA.P.O, THODUPUZHA, IDUKKI, NOW RESIDING AT NO.40, LIBRARY STREET, MURUNGAPAKKAM, PONDICHERRY, PUDUCHERRY605004

¶682

2 THE REGIONAL TRANSPORT OFFICER, PUDUCHERRY-605001

¶683

R1 BY ADV. SRI. G.HARIHARAN (B/O)

¶684

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-10-2020, ALONG WITH WA.668/2020 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶685

WA No.2242/2019 & conn.cases

¶686

-:38:-

¶687

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶688

PRESENT

¶689

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶690

¶691

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶692

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶693

WA.No.787 OF 2020

¶694

AGAINST THE JUDGMENT IN WP(C) 25170/2018(U) OF HIGH COURT OF KERALA DATED 16/7/2019

¶695

APPELLANTS/RESPONDENTS 1 TO 3 IN THE WPC:

¶696

1 SECRETARY TO GOVERNMENT,TRANSPORT DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶697

2 THE TRANSPORT COMMISSIONER, TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014.

¶698

3 THE REGIONAL TRANSPORT OFFICER AND THE REGISTERING AUTHORITY, OFFICE OF THE REGIONAL TRANSPORT OFFICER,2ND FLOOR, CIVIL STATION, COCHIN-682 030.

¶699

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶700

RESPONDENTS/PETITIONER & ADDL.R4 IN THE WPC:

¶701

1 PAPER EXIM PVT.LTD., REPRESENTED BY ITS MANAGING DIRECTOR ASHOK KUMAR BARATIA,S/O.GAUIR SHANKAR BARATIA, 4A, 1 RDS AVENUE ONE, NERAR PASSPORT OFFICE,PANAMPILLY NAGAR,ERNAKULAM, PIN-682036 , HAVING BRANCH OFFICE AT 1ST FLOOR, NO.17, PERIYAPALAYATHAMMAN KOIL STREET,LAKSHMI NAGAR EXTN., LAWSPET,PUDUCHERRY-605 008.

¶702

WA No.2242/2019 & conn.cases

¶703

-:39:-

¶704

2 THE REGIONAL TRANSPORT OFFICER, (RTO) OFFICE OF THE (RTO), 100 FEET ROAD,BHARATIDASAN NAGAR,MUDALIARPET,PUDUCHERRY, PIN-605 004.

¶705

R1 BY ADV. DR.SEBASTIAN CHAMPAPPILLY R1 BY ADV. SRI.P.A.SAINUDEEN R1 BY ADV. DR.ABRAHAM P.MEACHINKARA R1 BY ADV. SRI.GEORGE CLEETUS R1 BY ADV. SMT.MARGARET MAUREEN DROSE

¶706

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶707

WA No.2242/2019 & conn.cases

¶708

-:40:-

¶709

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶710

PRESENT

¶711

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶712

¶713

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶714

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶715

WA.No.788 OF 2020

¶716

AGAINST THE JUDGMENT DATED 16.07.2019 IN WP(C) 30163/2018(U) OF HIGH COURT OF KERALA

¶717

APPELLANTS/RESPONDENTS IN THE WPC:

¶718

1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF TRANSPORT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

¶719

2 THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN-682030.

¶720

3 THE ADDITIONAL REGISTERING AUTHORITY REGIONAL TRANSPORT OFFICE, CIVIL STATION, KAKKANAD, ERNAKULAM, PIN-682030.

¶721

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶722

RESPONDENT/PETITIONER IN WPC:

¶723

DIVYA PAUL.C

¶724

DIRECTOR, M/S. DEEDI RESORTS PVT LTD, LAKE VIEW ROAD, PUDUKKUPPAM ROAD, NALLAVAD POST, PONDICHERRY - 605007, HAVING PERMANENT RESIDENCE AT FLAT NO.3D, ORCHID COURTS APARTMENTS, PANCHAVADI, VYTTILLA P O, ERNAKULAM.

¶725

BY ADV. SMT.R.MANEESHA

¶726

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶727

WA No.2242/2019 & conn.cases

¶728

-:41:-

¶729

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶730

PRESENT

¶731

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶732

¶733

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶734

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶735

WA.No.792 OF 2020

¶736

¶737

APPELLANTS/RESPONDENTS 1 TO 3 IN WPC:

¶738

1 JOINT REGIONAL TRANSPORT OFFICER 1ST FLOOR, THAMMAN COMPLEX, ANGAMALY-COCHIN AIRPORT ROAD, ANGAMALY, ERNAKULAM, 683572.

¶739

2 THE REGIONAL TRANSPORT OFFICER REGIONAL TRANSPORT OFFICE, KAKKANAD, KERALA-682030.

¶740

3 THE TRANSPORT COMMISSIONER, OFFICE OF THE TRANSPORT COMMISSIONER, TRANS TOWER, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN-695014.

¶741

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶742

RESPONDENTS/PETITIONER & R4 IN WPC:

¶743

1 FATHIMA ABDULKHADER, W/O. ABDUL KHADER, NO.11, SIXTH CROSS STREET, ANNA NAGAR, NELLITHOPPE, PONDICHERRY-605005, HAVING RESIDENCE AT MUNDETH HOUSE, MEKKALADY, KALADY, ERNAKULAM-683574.

¶744

2 THE REGIONAL TRANSPORT OFFICER (RTO), 100 FEET ROAD, OPPOSITE BUS STOP, MUDALIARPER, MUDUCHERRY605004.

¶745

R1 BY ADV. SRI.TONY THOMAS (INCHIPARAMBIL) R1 BY ADV. SRI.P.THOMAS GEEVERGHESE, SRI.E.S.FIROS

¶746

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-10-2020, ALONG WITH WA.668/2020 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶747

WA No.2242/2019 & conn.cases

¶748

-:42:-

¶749

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶750

PRESENT

¶751

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶752

¶753

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶754

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶755

WA.No.819 OF 2020

¶756

AGAINST THE JUDGMENT DATED 26.07.2019 IN WP(C) 31394/2018(Y) OF HIGH COURT OF KERALA

¶757

APPELLANTS/RESPONDENTS 1 & 2 IN WPC:

¶758

1 THE TRANSPORT COMMISSIONER TRANSPORT COMMISSIONERATE, TRANS TOWER, 2ND FLOOR, VAZHUTHACADU, THIRUVANANTHAPURAM-695014

¶759

2 REGIONAL TRANSPORT OFFICER, OFFICE OF THE RTO, PALAKKAD-678001

¶760

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶761

RESPONDENTS/PETITIONER & ADDL.R3 IN WPC:

¶762

1 DEVI P. W/O.V.M.RADHAKRISHNAN, 18/714, 'NINEETHITHA', D P O ROAD, YAKKARA, PALAKKAD-678014

¶763

2 THE REGIOINAL TRANSPORT OFFICER, OFFICE OF THE RTO, 100 FEET ROAD, BHARATHIDASAN NAGAR, MUDALIARPET, PUDUCHERRY-605004

¶764

ADV. K. ANAND FOR R1

¶765

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶766

WA No.2242/2019 & conn.cases

¶767

-:43:-

¶768

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶769

PRESENT

¶770

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶771

¶772

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶773

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶774

WA.No.826 OF 2020

¶775

AGAINST THE JUDGMENT DATED 16.07.2019 IN WP(C) 21622/2018(C) OF HIGH COURT OF KERALA

¶776

APPELLANTS/RESPONDENTS 1 & 2 IN WPC:

¶777

1 THE TRANSPORT COMMISSIONER OFFICE OF THE TRANSPORT COMMISSIONER, TRANS TOWER, VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014

¶778

2 THE REGIONAL TRANSPORT OFFICER (TAXATION OFFICER), ERNAKULAM-682 030

¶779

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶780

RESPONDENTS/PETITIONER & 3RD RESPONDENT IN WPC:

¶781

1 K.PRADEEP KUMAR 11-D,SILVER OAK, SKYLINE CITY PARK, JAWAHAR NAGAR, KADAVANTHRA, COCHIN-682 020

¶782

2 THE ASSISTANT REGISTERING AUTHORITY, PUDUCHERRY-605 001

¶783

R1 BY ADV. SRI.P.FAZIL, P. DEEPAK R1 BY ADV. SRI.V.S.SREEJITH R1 BY ADV. SMT.JAYASREE MANOJ R1 BY ADV. SRI.SAJU THALIATH R1 BY ADV. SRI.JITHIN PAUL VARGHESE R1 BY ADV. SMT.ANN MARY FRANCIS

¶784

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶785

WA No.2242/2019 & conn.cases

¶786

-:44:-

¶787

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶788

PRESENT

¶789

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶790

¶791

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶792

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶793

WA.No.882 OF 2020

¶794

AGAINST THE JUDGMENT DATED 16.07.2019 IN WP(C) 27303/2018(K) OF HIGH COURT OF KERALA

¶795

APPELLANTS/RESPONDENTS 1 & 2 IN WPC:

¶796

1 THE SECRETARY TRANSPORT DEPARTMENT , GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

¶797

2 THE REGIONAL TRANSPORT OFFICER, KASARAGOD, KASARAGOD DISTRICT-671 123.

¶798

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶799

RESPONDENTS/PETITIONER & R3 IN WPC:

¶800

1 AYSHATH JAMSEENA

¶801

D/O KALANAD MOHAMMED HAMEED, HOUSE NO 14/358, KOMPANAPARA HOUSE, KALANAD P.O.KASARAGOD TALUK, KASARAGOD DISTRICT-671 317, REPRESENTED BY HER POWER OF ATTORNEY HOLDER SRI.BANAS, S/O ABUBACKER, ARAYANKALAYIL HOUSE, PEZHAKAPPILLY P.O.MUVATTUPUZHA, ERNAKULAM DISTRICT.

¶802

2 THE ASSISTANT REGISTERING AUTHORITY, PONDICHERRY-673 310.

¶803

R1 BY SRI. PAUL K VARGHESE

¶804

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶805

WA No.2242/2019 & conn.cases

¶806

-:45:-

¶807

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶808

PRESENT

¶809

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶810

¶811

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶812

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶813

WA.No.887 OF 2020

¶814

AGAINST THE JUDGMENT DATED 16.07.2019 IN WP(C) 18304/2018(K) OF HIGH COURT OF KERALA

¶815

APPELLANTS/RESPONDENTS 1 & 2 IN WPC:

¶816

1 THE TRANSPORT COMMISSIONER TRANSPORT COMMISSIONERATE, TRANS TOWERS, 2ND FLOOR, VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA 695 014

¶817

2 THE REGIONAL TRANSPORT OFFICER, OFFICE OF THE R T O, PALAKKAD 678 001

¶818

BY SRI. P. RAVINDRANATH-SPL.G.P.

¶819

RESPONDENTS/PETITIONER & ADDL. R3 IN WPC:

¶820

1 NITHIN R. S/O. V.M RADHAKRISHNAN, 18/714, NINEETITHA, D P O ROAD, YAKKARA, PALAKKAD 678 701

¶821

2 THE REGIONAL TRANSPORT OFFICER, OFFICE OF THE R.TO. 100 FEET RD, BHARATHIDASAN NAGAR, MUDALIYARPET, PUDUCHERRY-60 5004.

¶822

R1 BY SRI. K. ANAND

¶823

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

¶824

WA No.2242/2019 & conn.cases

¶825

-:46:-

¶826

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶827

PRESENT

¶828

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶829

¶830

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶831

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

¶832

WA.No.901 OF 2020

¶833

AGAINST THE JUDGMENT DATED 16.07.2019 IN WP(C) 24873/2018(H) OF HIGH COURT OF KERALA

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APPELLANTS/RESPONDENTS IN WPC:

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1 TRANSPORT COMMISSIONER

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TRANSPORT DEPARTMENT, TRANS TOWERS,VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014

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2 THE REGIONAL TRANSPORT OFFICER, PALAKKAD-678 001

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3 JOINT REGIONAL TRANSPORT OFFICER AND ADDITIONAL REGISTERING AUTHORITY, ALATHUR, PALAKKAD DISTRICT-6800 01

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BY SRI. P. RAVINDRANATH-SPL.G.P.

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RESPONDENT/PETITIONER:

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MOHAMMED FAYIZ K.M. S/O. MUHAMMED NASSSER, K.M.MANZIL, MATTUKADE, KUZHALMANNAM, PALAKKAD-678 702

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BY SRI. O.D. SIVADAS

¶843

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020, ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

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WA No.2242/2019 & conn.cases

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-:47:-

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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¶850

THE HONOURABLE MR. JUSTICE GOPINATH P.

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THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

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WA.No.927 OF 2020

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AGAINST THE JUDGMENT DATED 16.07.2019 IN WP(C) 21347/2018(P) OF HIGH COURT OF KERALA

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APPELLANT/RESPONDENTS 1 TO 3 IN WPC:

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1 THE STATE TRANSPORT COMMISSIONER TRANS TOWER, VAZHUTHACADU, THIRUVANANTHAPURAM - 695 014.

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2 THE DEPUTY TRANSPORT COMMISSIONER SOUTH ZONE, THIRUVANANTHAPURAM.

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3 THE JOINT REGIONAL TRANSPORT OFFICER THE REGIONAL TRANSPORT OFFICE, KAYAMKULAM.

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BY SRI. P. RAVINDRANATH-SPL.G.P.

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RESPONDENTS/PETITIONER & 4TH RESPONDENT IN WPC:

¶860

1 AKHIL DEV S/O. SOMAN, AKHILAM, PUTHIYAVILA P. O., KAYAMKULAM - 690 531.

¶861

2 THE ASSISTANT REGISTERING AUTHORITY PUDUCHERRY - 605 001.

¶862

R1 BY ADV. SRI.K.R.SUNIL

¶863

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-10-2020, ALONG WITH WA.668/2020 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

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WA No.2242/2019 & conn.cases

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-:48:-

¶866

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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¶870

THE HONOURABLE MR. JUSTICE GOPINATH P.

¶871

THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942

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WA.No.972 OF 2020

¶873

¶874

APPELLANTS/RESPONDENTS 1 & 2 IN WPC:

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1 JOINT REGIONAL TRANSPORT OFFICER REGIONAL TRANSPORT OFFICE, KANNUR-670 002.

¶876

2 STATE OF KERALA

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REPRESENTED BY TRANSPORT COMMISSIONER, TRIVANDRUM695 001.

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BY SRI. P. RAVINDRANATH-SPL.G.P.

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RESPONDENTS/PETITIONER & R3 IN WPC:

¶880

1 P.V.AKHIL

¶881

MANAGING DIRECTOR, FAST LINE PROJECTS PVT,LTD., RESIDING AT AMRITHA, AMBILAD, NIRMALGIRI POST, MANGATTIDAM, KANNUR DISTRICT.

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2 THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, PONDICHERRY 605 001.

¶883

R1 BY T. REMESH BABY SRI. C.K. SREEJITH

¶884

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-10-2020, ALONG WITH WA.668/2020 AND CONNECTED CASES, THE COURT ON 19-112020 DELIVERED THE FOLLOWING:

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WA No.2242/2019 & conn.cases

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-:49:-

¶887

J U D G M E N T

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[WA Nos.2242, 2406, 2411, 2422, 2428, 2429, 2434, 2436, 2448, 2455, 2456, 2457, 2459, 2460, 2469, 2472, 2474, 2479, 2492, 2503, 2514, 2554, 2555/2019 14, 35, 71, 452, 590, 668, 695, 702, 748, 768, 787, 788, 792, 819, 826, 882, 887, 901, 927 & 972/2020]

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Dated this the 19^th day of November, 2020

¶890

Shaffique, J.

¶891

These appeals have been filed by the officers of the State challenging judgment of the learned Single Judge disposing of the

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writ petitions filed by party respondents by issuing the following

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directions:-

¶894

" 37 . As a result of my above discussion I summarise my judgment on the issues noted above as follows:

¶895

(a) Section 3(6) of Motor Vehicles Taxation Act, 1976 is within the competence of State legislature and Section 3(6) is not in any manner repugnant to Chapter IV of Motor Vehicles' Act, 1988 or ultra vires Act 1976. Section 3(6) therefore is valid and legal.

¶896

(b) The registration of a non-transport vehicle and payment of registration fee under Act 1988 or payment of motor vehicle tax under a State legislature continues to be valid so long as the vehicle is kept and used in the State in which it is registered. These vehicles if enter State of Kerala and stay beyond the period stipulated by the State enactment, the vehicle is required to pay vehicle tax as per Section 3(6) read with Annexure III of Schedule of Act 1976.

¶897

WA No.2242/2019 & conn.cases

¶898

-:50:-

¶899

(c) The impugned orders calling upon the petitioners to register the subject vehicles in State of Kerala and pay life tax are set aside as illegal, arbitrary and violative of principles of natural justice, the matters are restored to the file of respective Regional Transport Officer/ respondents for consideration and disposal by keeping in view the principles stated supra.

¶900

(d) The writ petitions filed challenging show cause notices are given four weeks' time from the date of receipt of copy of this judgment to file objections against proposed tax levy and are entitled to show that, firstly, the vehicle is not kept for use in State of Kerala beyond thirty days and, alternatively, vehicle is not at all used or kept for use in State of Kerala. The objection raised against proposed action is examined in detail and orders as are warranted by the circumstances of the case are passed. Respondents keeping in view the scope, character and purpose of incidence of vehicle tax, consider the objections and pass detailed orders, in all the matters now restored to file as well as where time is granted for filing objections to show cause notice.”

¶901

After a common judgment was delivered in WP(C) No. 33231/2018 and connected cases, similar matters were disposed of on the basis of the said judgment.

¶902

A batch of appeals came up for hearing and in matters

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where service has been complete, we heard the learned counsel appearing on either side. We have also requested the learned counsel appearing in other cases in which the appeals were being

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WA No.2242/2019 & conn.cases

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-:51:-

¶906

filed, and in cases where service of notice are not complete, to address their arguments as well.

¶907

The factual aspects involved in these matters are short. The writ petitioners are persons who had purchased their vehicles from the Union territory of Puducherry. Alleging that those vehicles are plying in the State of Kerala, steps were taken by the respective Regional Transport Authorities in the State to cancel their registration. Notices in that regard had been issued by the Regional Transport Authorities to the writ petitioners and to conduct an enquiry in that regard which came to be challenged in separate writ petitions. According to the Regional Transport Authorities, the petitioners had produced false and fabricated documents to register the vehicles at Puducherry and the vehicles were not normally kept at Puducherry whereas the vehicles are normally kept in the State of Kerala. It is the contention of the State that the intention of the petitioners is only to evade payment of motor vehicles tax at the time of registration as provided under Motor Vehicles Taxation Act, 1976 (hereinafter referred as 'the Taxation Act'). In the process, petitioners also challenged Section 3(6) of the Taxation Act.

¶908

The learned Single Judge while rejecting the challenge

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WA No.2242/2019 & conn.cases

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-:52:-

¶911

to Section 3(6) of the Taxation Act, held that the impugned orders calling upon the petitioners to register the vehicles in the State of Kerala and pay life tax are illegal, arbitrary and violative of principles of natural justice. All the matters were restored to the files of the respective Regional Transport Officers for fresh consideration and disposal. It was also held that the writ petitioners have to file their objections to the show cause notices within four weeks against the proposed levy of tax and they were entitled to show that the vehicles are not kept for use in Kerala beyond 30 days and alternatively the vehicle is not at all used or kept for use in State of Kerala.

¶912

The learned Special Government Pleader while impugning the aforesaid judgment submits that the only question that is required to be considered in the matter is regarding the finding of the learned Single Judge with reference to S.55 of the Motor Vehicles Act, 1988 (hereinafter referred as the 'MV Act'). The learned Single Judge held at paragraph 30.7 that the Transport Department of State of Kerala and its officers do not have jurisdiction under S.55(5) of the MV Act, to cancel the registration effected and completed in the Union Territory of Puducherry. He argued that the scheme of the statute permitted

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WA No.2242/2019 & conn.cases

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-:53:-

¶915

any registering authority, anywhere in India, to conduct an enquiry, in a place where the vehicle is normally kept, to ascertain whether the registration was obtained from any other registering authority, by producing either false documents or by misrepresentation of facts, and if the said authority is so satisfied, it has the power to cancel the registration. But the certificate of registration can be cancelled only by the original registering authority on intimation from the concerned registering authority who cancels the registration.

¶916

On the other hand, learned counsel appearing on behalf of the respondents/writ petitioners would submit that the provisions of Section 55 (5) of the MV Act cannot be invoked by “any registering authority”, which is rather clear from the use of the word “a registering authority” and “the registering authority” used in sub-section (5) of Section 55. It is argued that the registering authority in the State of Kerala cannot consider the validity of documents produced by the petitioners before the registering authority of another State or Union Territory.

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Apparently, in the judgments which are impugned herein, the learned Single Judge had proceeded to consider the scope of S.55(5) and had restricted the right of the Regional

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WA No.2242/2019 & conn.cases

¶919

-:54:-

¶920

Transport Authorities in the State of Kerala to take any action for cancellation of registration in respect of vehicles which are already registered in the State of Puducherry.

¶921

Insofar as the State's challenge is only in respect of

¶922

the jurisdictional authority of the registering authorities of the State to invoke power under Section 55(5) with reference to vehicles registered in another State/Union Territory, we do not think that we should go into the factual background of each and every case as the scope of appeal is very limited.

¶923

S.40 of the MV Act reads as under:-

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“ 40. Registration, where to be made. —Subject to the provisions of section 42, section 43 and section 60, every owner of a motor vehicle shall cause the vehicle to be registered by a registering authority in whose jurisdiction he has the residence or place of business where the vehicle is normally kept”.

¶925

A bare reading of S.40 indicates that every owner of a motor vehicle has to register the vehicle before a registering authority in whose jurisdiction he has the residence or place of business where the vehicle is normally kept. Therefore, the place of registration apparently is with reference to the place where the vehicle is normally kept. It may be either his place of residence or place of business.

¶926

WA No.2242/2019 & conn.cases

¶927

-:55:-

¶928

10. S.46 of the MV Act reads as under:-

¶929

“ 46. Effectiveness in India of registration .—Subject to the provisions of Section 47, a motor vehicle registered in accordance with this Chapter in any State shall not require to be registered elsewhere in India and a certificate of registration issued or in force under this Act in respect of such vehicle shall be effective throughout India.”

¶930

Section 46 of course is subject to S.47. S.47 relates to a situation

¶931

where a motor vehicle registered in one State has been kept in another State, for a period exceeding twelve months in which event the owner of the vehicle is obliged to apply to the registering authority, within whose jurisdiction the vehicle then is, for the assignment of a new registration mark and he shall present the certificate of registration to that registering authority. For that purpose, either the owner will have to get a no objection certificate as contemplated u/s 48 from the Registering Authority who had issued a certificate of registration or should take steps as contemplated under the said provision. If there is failure to do so, S.47(5) indicates that action could be taken against the owner in terms of S.177.

¶932

S.49(1) of the MV Act reads as under:-

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“ 49. Change of residence or place of business: (1) If

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the owner of a motor vehicle ceases to reside or have his place of business at the address recorded in the certificate

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WA No.2242/2019 & conn.cases

¶936

-:56:-

¶937

of registration of the vehicle, he shall, within thirty days of any such change of address, intimate in such form accompanied by such documents as may be prescribed by the Central Government, his new address, to the registering authority by which the certificate of registration was issued, or, if the new address is within the jurisdiction of another registering authority, to that other registering authority, and shall at the same time forward the certificate of registration to the registering authority or, as the case may be, to the other registering authority in order that the new address may be entered therein.”

¶938

If there is failure to comply with S.49(1), it entails action u/s 177 of the Act.

¶939

S.55 of the Act as it then was relates to cancellation of

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registration under various circumstances, which reads as under:-

¶941

“ 55. Cancellation of registration .—(1) If a motor vehicle has been destroyed or has been rendered permanently incapable of use, the owner shall, within fourteen days or as soon as may be, report the fact to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward to the authority the certificate of registration of the vehicle.

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(2) The registering authority shall, if it is the original registering authority, cancel the registration and the certificate of registration, or, if it is not, shall forward the report and the certificate of registration to the original registering authority and that authority shall cancel the registration.

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(3) Any registering authority may order the examination of a motor vehicle within its jurisdiction by such authority as the

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WA No.2242/2019 & conn.cases

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-:57:-

¶946

State Government may by order appoint and, if upon such examination and after giving the owner an opportunity to make any representation he may wish to make (by sending to the owner a notice by registered post acknowledgment due at his address entered in the certificate of registration), it is satisfied that the vehicle is in such a condition that it is incapable of being used or its use in a public place would constitute a danger to the public and that it is beyond reasonable repair, may cancel the registration.

¶947

(4) If a registering authority is satisfied that a motor vehicle has been permanently removed out of India, the registering authority shall cancel the registration.

¶948

(5) If a registering authority is satisfied that the registration of a motor vehicle has been obtained on the basis of documents which were, or by representation of facts which was, false in any material particular, or the engine number or the chassis number embossed thereon are different from such number entered in the certificate of registration, the registering authority shall after giving the owner an opportunity to make such representation as he may wish to make (by sending to the owner a notice by registered post acknowledgment due at his address entered in the certificate of registration), and for reasons to be recorded in writing, cancel the registration.

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(6) A registering authority cancelling the registration of a motor vehicle under section 54 or under this section shall communicate such fact in writing to the owner of the vehicle, and the owner of the vehicle shall forthwith surrender to that authority the certificate of registration of the vehicle.

¶950

(7) A registering authority making an order of cancellation under section 54 or under this section shall, if it is the original registering authority, cancel the certificate of registration and the entry relating to the vehicle in its records, and, if it is not

¶951

WA No.2242/2019 & conn.cases

¶952

-:58:-

¶953

the original registering authority, forward the certificate of registration to that authority, and that authority shall cancel the certificate of registration and the entry relating to the motor vehicle in its records.

¶954

(8) The expression “original registering authority” in this section and in sections 41, 49, 50, 52, 53 and 54 means the registering authority in whose records the registration of the vehicle is recorded.

¶955

(9) In this section “certificate of registration” includes a certificate of registration renewed under the provisions of this Act."

¶956

The statute uses the words 'the registering authority', 'any registering authority' and 'a registering authority' in different sub sections of S.55. S.2(37) defines 'registering authority' as meaning, an authority empowered to register motor vehicles under Chapter IV, which includes Section 55, as well.

¶957

On a bare reading of S.55, it is rather clear that the registering authority can cancel the registration of a vehicle under various circumstances. As per sub-section (1) of S.55, when a motor vehicle is destroyed or rendered permanently incapable of use, the owner has to report the said fact to the registering authority within whose jurisdiction he has his residence or place of business, where the vehicle is normally kept, and shall also forward to the authority the certificate of registration of the vehicle. Sub section (2) provides that, if the

¶958

WA No.2242/2019 & conn.cases

¶959

-:59:-

¶960

report is received by the original registering authority, he can cancel the registration and the certificate of registration. If it is not the original registering authority, he shall forward the report and the certificate of registration to the original registering authority in which event that authority shall cancel the registration. Therefore, even if a vehicle is registered within the jurisdiction of another registering authority, if the vehicle is destroyed or rendered permanently incapable of use, the obligation of the owner is to inform the registering authority within the jurisdiction of his place of residence or place of business where the vehicle is normally kept along with the certificate of registration. If the said authority is not the original registering authority, he shall forward a report to the original registering authority and the said authority will cancel the registration. Sub-section (3) contemplates a suo motu power to be exercised by any registering authority, if it is found on examination of a motor vehicle plying within its jurisdiction, and after notice to the owner of the vehicle, if he is satisfied that the vehicle is in a condition that it is incapable of being used in a public place and would be a danger to the public and it is beyond repair, he can cancel the registration. Sub-section (4) of S.55

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WA No.2242/2019 & conn.cases

¶962

-:60:-

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contemplates yet another situation when a registering authority

¶964

is satisfied that a motor vehicle has been permanently removed out of India, it shall cancel the registration. Here also, the word used is 'a registering authority'.

¶965

Sub-section (5) contemplates a different situation, which enables the registering authority to cancel the registration of a motor vehicle. If a registering authority is satisfied that the registration of a motor vehicle has been obtained on the basis of documents which were false in any material particular or by representation of facts which again was false in any material particular, the said registering authority shall, after giving the owner an opportunity to make such representation, cancel the registration. Action can also be taken if it is found that the engine number or chassis number differs from what is mentioned in the certificate of registration. Sub-section (6) of S.55 requires the registering authority cancelling the registration to communicate the said fact to the owner of the vehicle, and the owner has to provide the certificate of registration of the vehicle to the said authority. Sub-section (7) of S.55 further provides that a registering authority making an order of cancellation under Section 54 or “under this section” i.e., S.55, shall, if it is the

¶966

WA No.2242/2019 & conn.cases

¶967

-:61:-

¶968

original registering authority, cancel the certificate of registration and the entry relating to the vehicle in its records, and, if it is not the registering authority, forward the certificate of registration to that authority, and that authority shall cancel the certificate of registration and the entry relating to the motor vehicle in its records. Sub-section (8) further indicates that the expression “original registering authority” means the registering authority in whose records the registration of the vehicle is recorded.

¶969

There cannot be any dispute about the fact that the original registering authority in these cases is the Regional Transport Authority at Puducherry. The question is, whether any other registering authority can conduct an enquiry with reference to any matters specified under sub-section (5).

¶970

Now coming to sub-section (5), again it starts with the words 'if a registering authority is satisfied'. We are of the view that sub-section (7) clarifies the point in dispute. It starts with the words 'a registering authority' making an order of cancellation and further indicates that “if it is the original registering authority”, it can cancel the certificate of registration and the entry relating to the vehicle in its records. If it is not the original registering authority, it shall forward the certificate of

¶971

WA No.2242/2019 & conn.cases

¶972

-:62:-

¶973

registration to that authority, and that authority shall cancel the certificate of registration and the entry relating to the motor vehicle in its records.

¶974

Apparently, sub-section (7) provides a procedure where the registering authority who passes an order of cancellation is either the original registering authority or it is not the original registering authority. S.55(1) contemplates a situation, where the vehicle is either destroyed or incapable of use and the procedure is mentioned under S.55(2). S.55(3) and (4) contemplates two different situations and the authority “any registering authority” appearing under sub-section (3) and “a registering authority” under sub-section (4) is only to “cancel the registration”. Subsection (7) applies in such instances, which differentiates between “an order of cancellation” and “cancel the certificate of registration and entry relating to the vehicle in its records”. The distinction is only this. Any registering authority could make an order of cancellation. But the certificate of registration and the entry relating to the vehicle in its records can be cancelled only by the original registering authority.

¶975

It is permissible for a vehicle registered in one State to be used in any other State, but of course subject to the statutory

¶976

WA No.2242/2019 & conn.cases

¶977

-:63:-

¶978

restrictions and compliance of local laws. For that reason itself, we cannot ascribe to the view that proceedings under S.55(5) could be initiated only by the original registering authority, and especially in the light of sub-section (7), which clarifies the jurisdictional fact.

¶979

It is pointed out by the counsel for petitioners that the original registering authorities were satisfied about their credentials at the time of registration and therefore another registering authority cannot overturn the said finding of fact. Validity of the materials relied upon at the time of registration are questions of fact, and it is possible that the original registering authority had placed reliance upon it and registered the vehicle. As already stated, a vehicle can be registered at a place where a person has his/her residence or place of business, where the vehicle is normally kept. Suppose a person's place of residence and business was in the State of Kerala and the vehicle is normally kept in the State, and if it is found that he has no place of residence or business in the place of original registering authority, it is a matter which requires enquiry in terms, with Section 55(5). Such enquiry can be conducted only by the registering authority, where the vehicle is normally kept, and the

¶980

WA No.2242/2019 & conn.cases

¶981

-:64:-

¶982

said authority will have the jurisdiction to cancel the registration. Once such an order is passed, cancellation of certificate of registration and entry relating to the motor vehicle from the register can be made only by the original registering authority.

¶983

In the light of the aforesaid discussion, we are of the view that the learned Single Judge was not justified in arriving at a conclusion that the Transport Authorities of State of Kerala can only conduct an enquiry and if it is found that the record of the very registration is vitiated, report can be forwarded to the original registering authority under S.55(5) and it is for the said authority to conduct enquiry and cancel the registration. An apparent mistake that has arisen in the matter is on the understanding of the words 'making an order of cancellation' and cancelling the 'certificate of registration and the entry relating to the motor vehicle' in its records. An order of cancellation can be made by any registering authority if it is satisfied that any of the situations as described under sub-section (5) of S.55 is brought to the notice of the registering authority and if he is satisfied on enquiry that such a condition exists. Once the order of cancellation is made, it shall be forwarded to the original registering authority to enable that authority to 'cancel the

¶984

WA No.2242/2019 & conn.cases

¶985

-:65:-

¶986

certificate of registration' and the 'entry relating to the motor

¶987

vehicle' in its records.

¶988

In the result, the appeals are allowed setting aside the judgment of the learned Single Judge to the limited extent as discussed earlier.

Sd/-

A.M.SHAFFIQUE

JUDGE

Sd/-

GOPINATH P.

True Copy

JUDGE

PS to Judge

The Secretary, Transport Department v. Yahiya

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The Secretary, Transport Department v. Yahiya

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