The High Court at Ernakulam dismissed two related writ petitions involving vehicle safety regulations and registration certificates by relying on a previous judgment dated 7.7.2022 regarding identical matters.
Writ petitions dismissed by relying on the judgment dated 7.7.2022 in W.P(C)Nos.19506/2022 and 19533/2022.
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 MR. JUSTICE AMIT RAWAL
FRIDAY, THE 15TH DAY OF JULY 2022 / 24TH ASHADHA, 1944
WP(C) NO. 21626 OF 2022
PETITIONER/S:
1 SHIJO P. SIVADASAN AGED 35 YEARS S/O.SIVADASAN, POTTAKULATHIL HOUSE, PULLANHIMEDU, PERUMPALLY P.O., PUTHUPADI, KOZHIKKODE DISTRICT PIN - 673586 2 ANSAR T.T. AGED 39 YEARS S/O.MUHAMMED, KARUVANPARAMBIL HOUSE, PUTHUR, OMASSERY, KOZHIKKODE DISTRICT PIN - 673572 3 HARIS AGED 38 YEARS S/O.ABU, VELIYARAMBATH HOUSE, ULLIYERI, KOYILANDI, KOZHIKKODE DISTRICT PIN - 673620 BY ADV BABU S. NAIR
RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MOTOR VEHICLES DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM PIN - 695001 2 THE DISTRICT COLLECTOR COLLECTORATE, KOZHIKKODE, KOZHIKKODE DISTRICT PIN – 673001
WP(C) NO. 21626 OF 2022 and conctd case.
2
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
GP SRI JIMMY GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.07.2022, ALONG WITH WP(C).21067/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 21626 OF 2022 and conctd case.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 15TH DAY OF JULY 2022 / 24TH ASHADHA, 1944 WP(C) NO. 21067 OF 2022
PETITIONER/S:
1 VASUDEVAN V. AGED 59 YEARS S/O.MADHAVAN NAIR, VATTIMUNDA HOUSE, KONOTTE P.O., KUNNAMANGALAM, KOZHIKKODE DISTRICT, PIN - 673571
2 KELOTH MAMMU AGED 68 YEARS S/O.THARUVAI, KELOTH HOUSE, KEEZHARIYOOR, KOZHIKKODE DISTRICT, PIN - 673307
3 GIRISH KUMAR K.V. AGED 48 YEARS S/O.NARAYANAN, KANIYAMKUNNUMMAL HOUSE, MOODADI P.O., KOZHIKKODE DISTRICT PIN - 673307 BY ADVS. BABU S. NAIR SMITHA BABU
RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MOTOR VEHICLES DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM PIN - 695001
WP(C) NO. 21626 OF 2022 and conctd case.
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BY ADV GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.07.2022, ALONG WITH WP(C).21626/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21626 OF 2022 and conctd case.
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JUDGMENT
The controversy involved in these matters has been
decided by this court in the judgment dated 7.7.2022 in W.P(C)Nos.19506/2022 and 19533/2022. Writ petitions are dismissed in view of the aforesaid judgment.
Sd/-
sab
AMIT RAWAL
JUDGE
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WP(C) NO. 21626 OF 2022 and conctd case.
APPENDIX OF WP(C) 21067/2022
PETITIONER EXHIBITS
| Exhibit P1 | A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE OWNED BY THE FIRST PETITIONER |
|---|---|
| Exhibit P2 | A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE OWNED BY THE SECOND PETITIONER |
| Exhibit P3 | A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE OWNED BY THE THIRD PETITIONER |
| Exhibit P4 | A TRUE COPY OF ORDER AS S.R.O.NO.864/2012 OF THE FIRST RESPONDENT DATED, 15-12-2012 |
| Exhibit P5 | A TRUE COPY OF THE JUDGMENT IN W.A.NO.105/2012 OF THIS HON'BLE COURT DATED, 18-7-2013 |
| Exhibit P6 | A TRUE COPY OF THE ORDER AS G.O. (P)NO.13/2014/TRAN. DATED, 17-2-2014(SRO NO.137/2014) |
| Exhibit P7 | TRUE COPY OF THE NOTICE ISSUED BY THE 5TH RESPONDENT DATED, 17-2-2022 |
| Exhibit P7(a) | TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P7 |
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WP(C) NO. 21626 OF 2022 and conctd case.
APPENDIX OF WP(C) 21626/2022
PETITIONER EXHIBITS
| Exhibit P1 | A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE OWNED BY THE FIRST PETITIONER |
|---|---|
| Exhibit P2 | A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE OWNED BY THE SECOND PETITIONER |
| Exhibit P3 | A TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE OWNED BY THE THIRD PETITIONER |
| Exhibit P4 | A TRUE COPY OF S.R.O.NO.864/2012 OF THE FIRST RESPONDENT DATED, 15-12-2012 |
| Exhibit P5 | A TRUE COPY OF THE JUDGMENT IN W.A.NO.105/2012 OF THIS HON'BLE COURT DATED, 18-7-2013 |
| Exhibit P6 | A TRUE COPY OF THE G.O.(P)NO.13/2014/TRAN. DATED, 17-2-2014(SRO NO.137/2014) |
| Exhibit P7 | TRUE COPY OF THE NOTICE ISSUED BY THE 5TH RESPONDENT DATED, 17-2-2022 |
| Exhibit P7(a) | TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P7 |
2 issues framed by the court
Whether the writ petitions filed for review of vehicle safety orders stand allowed or dismissed in light of a prior judgment.
Whether the High Court should adjudicate the petitions referred to a previous decision.
Colour shows how this judgement treated each authority
W.P(C)Nos.19506/2022 and 19533/2022Referred¶42
Shijo P. Sivadasan
Ansar T.T.
Haris
State of Kerala
District Collector
District Police Chief
Amit Rawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
