Writ petition under Article 226 challenging seizure and imposition of fine for alleged illicit stage carriage. Court held no ground to entertain the petition as remedy lies under the statute via appropriate authority.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
TUESDAY, THE 19TH DAY OF DECEMBER 2023 / 28TH AGRAHAYANA,
1945
WP(C) NO. 20134 OF 2023
PETITIONER:
PRINCE MOHANAN,
AGED 41 YEARS
S/O. K. MOHANAN, TWINKLE GARDENS, KAVARA,
VENJARAMOODU, THIRUVANANTHAPURAM, PIN - 695607
BY ADVS.
GOPAKUMAR R.THALIYAL
R.B.BALACHANDRAN
RESPONDENTS:
1 THE REGIONAL TRANSPORT OFFICER (ENFORCEMENT), REGIONAL TRANSPORT OFFICE, THIRUVANANTHAPURAM, PIN - 6955822 THE MOTOR VEHICLE INSPECTOR (ENFORCEMENT), REGIONAL TRANSPORT OFFICE, THIRUVANANTHAPURAM, PIN - 6955823 THE ASSISTANT MOTOR VEHICLE INSPECTOR (ENFORCEMENT), REGIONAL TRANSPORT OFFICE, THIRUVANANTHAPURAM, PIN - 695582ADDL.4 KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O, THIRUVANANTHAPURAM*[IS IMPLEADED AS ADDITIONAL R4 AS PER ORDER DATED 26.7.2023 IN I.A.1/2023 of WPC 20134/2023]BY ADV P.C.CHACKO(PARATHANAM)JOBY JOSEPH-GPTHIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.12.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)No.20134/2023
..2..
DINESH KUMAR SINGH, J
=========================
W.P.(C)No.20134/2023
========================== Dated this the 19th day of December, 2023
JUDGMENT
The present writ petition has been filed with the following
prayers:
“i) to issue a writ of certiorari, or any other appropriate writ, direction or order, quashing Exhibits P5 and P7 as arbitrary, illegal unreasonable and unjust.
ii) issue a writ of mandamus, or any other appropriate writ, direction or order, restraining the respondents and other officials of the Motor Vehicle Department interdicting the vehicle bearing registration number KL-21/S-111, belonging to the petitioner on mere allegation of ‘illicit stage carriage service'.
Iii) to issue such other reliefs as this Honourable Court may deem fit and proper in the facts and circumstances of the case.
iv). to dispense with the filing of the translation of vernacular documents.”
imposed by Exts.P5 and P7 orders. For seizure and imposing fine, the ground is that the petitioner has been operating his
contract carriage vehicle as a stage carriage vehicle. This
WP(C)No.20134/2023
..3..
Court absolutely finds no ground to entertain this Writ Petition.
The petitioner has remedy under the statute and he may approach the appropriate Authority, if he is aggrieved by the said challans in Exts.P5 and P7.
This Writ Petition is thus dismissed.
Sd/-
DINESH KUMAR SINGH JUDGE
ACR
WP(C)No.20134/2023
..4..
APPENDIX OF WP(C) 20134/2023
PETITIONER EXHIBITS
Exhibit P1-TRUE COPY OF THE CERTIFICATE OF
REGISTRATION OF CONTRACT CARRIAGE
VEHICLE BEARING REGISTRATION NUMBER
KL-21/S-111
Exhibit P2TRUE COPY OF THE CONTRACT CARRIAGE
PERMIT OF CONTRACT CARRIAGE VEHICLE
BEARING REGISTRATION NUMBER KL-21/S-
111 DATED 16.10.2018
Exhibit P3TRUE COPY OF THE REGISTRATION
CERTIFICATE DATED 23.11.2022
Exhibit P4TRUE COPY OF THE AGREEMENT ALONG WITH
THE LIST OF PASSENGERS DATED
01.01.2023
Exhibit P5TRUE COPY OF THE CHALLAN DATED
07.06.2023 ISSUED BY THE 2ND
RESPONDENT.
Exhibit P6TRUE COPY OF THE REPRESENTATION DATED
08.06.2023 SUBMITTED BY THE PETITIONER
TO THE 1ST RESPONDENT.
Exhibit P7-TRUE COPY OF THE CHALLAN DATED
16.06.2023 ISSUED BY THE 3RD
RESPONDENT
Exhibit P8TRUE COPY OF THE JUDGMENT DATED
18.10.2022 PASSED BY THIS HON'BLE
COURT IN W.P (C) NO. 32847/2022.
Exhibit P9True copy of the bye-law of the
Association along with its English
translation
2 issues framed by the court
Whether the writ petition challenging seizure and fine for illicit stage carriage can be entertained.
Whether the petitioner has a remedy under the statute or must approach the appropriate authority.
Prince Mohanan
The Regional Transport Officer (Enforcement), Regional Transport Office, Thiruvananthapuram
The Motor Vehicle Inspector (Enforcement), Regional Transport Office, Thiruvananthapuram
The Assistant Motor Vehicle Inspector (Enforcement), Regional Transport Office, Thiruvananthapuram
Kerala State Road Transport Corporation
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court