The High Court dismissed this writ appeal as infructuous, holding that Rule 105 of the Kerala Motor Vehicles Rules 1989 had already been deleted by the Kerala Government via G.O.(P) No.23/2017/Trans dated 25.10.2017.
None; appeal dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
TUESDAY, THE 25TH DAY OF OCTOBER 2022 / 3RD KARTHIA, 1944
WA NO. 407 OF 2015
AGAINST THE JUDGMENT IN WPC 17934/2011 OF HIGH COURT OF KERALA DATED 27.10.2014
APPELLANT/PETITIONER:
RADHAKRISHNAN PAVOOR
AGED 52 YEARS, S/O.CHANDU NAIR,
PAVOOR HOUSE, THAROPOIAL PO, PONMERI VIA,
VADAKARA, KOZHIKODE DISTRICT
BY ADVS.
SRI.JOHN JOSEPH(ROY)
SRI.MATHEW JACOB KUNNATHU
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM 6950012 THE TRANSPORT COMMISSIONER THIRUVANANTHAPURAM 6950233 THE REGIONAL TRANSPORT OFFICER VADAKARA, VADAKARA PO, KOZHIKODE DIST.6731014 UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVT. OF INDIA, SURFACE TRANSPORT DEPARTMENT, CENTRAL SECRETARIAT, NEW DELHI 110 001THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
25.10.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.A.407/2015
2
J U D G M E N T
Dated this the 25th day of October, 2022
S. Manikumar, CJ.
Before the writ court, petitioner has sought for the following reliefs:
I. Struck down sub Rule (5) of Rule 105 of the Kerala Motor Vehicles Rules –1989 as unsustainable before the Motor Vehicles Act by issuance of a writ of certiorari or any other appropriate writ, order or direction.
II. Issue a writ of mandamus commanding Respondents 1 to 3 and subordinates, not to collect any penalty from the owners of vehicles or those who are in control of vehicles in furtherance to Sub Rule 5 of Rule 105 of Kerala Motor Vehicles Rules-1989.
III. Issue a writ of mandamus commanding the 3rd respondent to re-imburse Rs.3,000/- collected by the 3rd Respondent from the petitioner as mentioned in Exhibit P-1 in violation of Rule 81 of the Central Motor Vehicles Rules, 1989.
IV. Issue a writ of mandamus or any other writ, order or direction, directing the 1st respondent Government of Kerala to refund the amount of Rs.3,000/- charged from the petitioner as additional charges for issuance of Certificate of Fitness with interest at 12 % per annum from the date of recovery till the date of refund in full.”
2. After considering the prayers and the material on record,
writ court, declined to order the refund of the amount said to
W.A.407/2015
3
have been deposited by way of compounding fee.
“GOVERNMENT OF KERALA
Transport (B) Department
NOTIFICATION
G. O. (P) No. 23/2017/Trans.
Dated, Thiruvanunthapuram25th October, 2017
S. R. 0. No. 682/2017 - WHEREAS, the draft rules further to amend the Kerala Motor Vehicles Rules, 1989 were issued as required by sub-section (1) of section 212 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988) as per notification No. 92/B2/2017/Trans, dated 27th June, 2017
W.A.407/2015
4
and published in the Kerala Gazette No. 1462 dated 14th July, 2017, inviting objections or suggestions on the draft rules from the persons likely to be affected thereby;
AND WHEREAS, no objection or suggestion has been received on the said draft rules;
NOW, THEREFORE, in exercise of the powers conferred by clause (k) of Sub-section (2) of section 65 of the Motor Vehicles Act, 1988 (Central Act 59 of 1988), the Government of Kerala hereby make the following rules further to amend the Kerala Motor Vehicles Rules. 1989, namely:-
RULES
1. Short title and commencement .(1) These rules may be called the Kerala Motor Vehicles (Second Amendment) Rules, 2017.
2. Amendment of the Rules - In the Kerala Motor Vehicles Rules. 1989,-
By order of the Governor,
K. R. JYOTHILAL Secretary to Government.”
W.A.407/2015
5
Government Pleader, we are of the view that the relief sought for in the writ appeal has become infructuous. Accordingly it is dismissed as infructuous.
Sd/S. Manikumar, Chief Justice
Sd/Shaji P. Chaly, Judge
Shaji P. Chaly,
sou.
3 issues framed by the court
Whether appeal challenging the striking down of sub Rule 5 of Rule 105 of Kerala Motor Vehicles Rules-1989 is maintainable in light of the Rule's deletion.
Whether the relief sought in the writ appeal has become infructuous.
Whether Rule 105 of Kerala Motor Vehicles Rules-1989 validly stays in force as originally enacted.
4 provisions across 3 enactments
Radhakrishnan Pavoor
State of Kerala
The Transport Commissioner Thiruvananthapuram
The Regional Transport Officer Vadakara
Union of India
S.Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court