Allowed

Mohammed Basheer v. State of Kerala

Kerala HC20 Dec 2023WP(C)/32822/2023

Case brief

AI extract

What is this about?

The Court considered a writ petition seeking direction to the Transport Commissioner to accept the petitioner's application and fee for registering a Vehicle Scrapping Facility Centre. The Court also examined a State Government Order that limited such centres to a PPP model with KSRTC, finding it inconsistent with Central Rules.

What did the court decide?

The 2nd respondent directed to receive the petitioner's application and fee; private entities not barred from setting up centres if eligible; State permitted to proceed with PPP with KSRTC.

Mohammed Basheer Vs State of Kerala — Constitutional and Fundamental Rights | Kerala HC (2023)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

¶4

WEDNESDAY, THE 20^TH DAY OF DECEMBER 2023 / 29TH AGRAHAYANA,

¶5

1945

¶6

WP(C) NO. 32822 OF 2023

¶7

PETITIONER/S:

¶8

MOHAMMED BASHEER AGED 71 YEARS SON OF ABDUL KHADER, RBM MANSION, MOOLAVATTOM P.O., NATTAKAM VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT, PIN - 686012

¶9

BY ADVS. P.M.ZIRAJ IRFAN ZIRAJ

¶10

RESPONDENT/S:

¶11

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

¶12

2 THE TRANSPORT COMMISSIONER 2ND FLOOR, TRANS TOWERS, THYCAUD.P.O, VAZHUTHACAUD,THIRUVANANTHAPURAM, PIN - 695014

¶13

3 THE SECRETARY FINANCE(EXPENDITURE) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN - 695001

¶14

4 KERALA STATE ROAD TRANSPORT CORPORATION OFFICE OF CHAIRMAN & MANAGING DIRECTOR, KSRTC, TRANSPORT BHAVAN, FORT.P.O, TRIVANDRUM, REPRESENTED BY ITS MANAGING DIRECTOR, PIN – 695035.

¶15

¶16

WP(C) NO. 32822 OF 2023

¶17

5 GOVERNMENT OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF ROAD TRANSPORT & HIGHWAYS ,TRANSPORT BHAWAN, 1, PARLIAMENT STREET NEW DELHI, PIN - 110001

¶18

6 THE SECRETARY DEPARTMENT OF PROMOTION OF INDUSTRY AND INTERNAL TRADE, MINISTRY OF COMMERCE AND INDUSTRY, GOVERNMENT OF INDIA, NEW DELHI, PIN - 110001

¶19

BY ADVS. DEEPU THANKAN, SC, KSRTC UMMUL FIDA(K/954/2013) LAKSHMI SREEDHAR(K/946/2016) LEKSHMI P. NAIR(K/001011/2017) NAMITHA K.M.(K/001556/2021)

¶20

OTHER PRESENT:

¶21

SRI.P.SANTHOSH KUMAR-SPL.GP

¶22

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶23

WP(C) NO. 32822 OF 2023

¶24

¶25

J U D G M E N T

¶26

The present writ petition has been filed by the petitioner seeking a writ of mandamus/direction in the nature of mandamus commanding the 2^nd respondent to provide facility to remit application fee and EMD towards the application for Registered Vehicle Scrapping Facility as well as to receive the application of the petitioner for setting up of Registered Vehicle Scrapping Facility Centre of his own. A prayer has also been made for quashing the Government Order dated 9.3.2023 in Ext.P15, whereby Vehicle Scrapping Facility Centres in the State of Kerala have been limited under the Public Private Partnership (PPP) model with the 4^th respondent, Kerala State Road Transport Corporation (KSRTC).

¶27

The Central Government in exercise of the powers conferred under sub-Section (1) of Section 212 of the Motor Vehicles Act, 1988 has framed the Motor Vehicles (Registration and Functions of

¶28

WP(C) NO. 32822 OF 2023

¶29

¶30

Vehicle Scrapping Facility) Rules, 2021 [“Rules”, for short]. The said Rules provide for setting up of Vehicle Scrapping Facility Centres by a registered person, firm, society, trust or Company. The “registration authority” has also been defined under the Rules as the officer not below the rank of the Commissioner (Transport) as designated by the State Government or Union Territory. The powers and duties of registered vehicle scrapping facility have been prescribed in Rule 4 of the Rules. The conditions of eligibility for Registered Vehicle Scrapping Facility are provided under Rule 5. It provides that the Registered Vehicle Scraping Facility may be owned and operated by any legal entity, be it a person, firm, society, Company or trust established in accordance with law with the documents mentioned in the said Rule. The procedure for registration for Registered Vehicle Scrapping Facility is provided in Rule 6 of the Rules. Thus, from a perusal of the said Rules, it can be seen that a complete code has been provided

¶31

WP(C) NO. 32822 OF 2023

¶32

¶33

by the Central Government for registration of Vehicle Scrapping Facility Centres and the persons, who can set up such Facility Centres. Any registered person or legal entity, such as individual, firm, society, Company or trust is entitled to set up a Vehicle Scrapping Facility as per the Rules framed by the Central Government under the Motor Vehicles Act, 1988.

¶34

Government of Kerala has issued Government Order dated 9.3.2023, Ext.P15. Under the said Government Order, the State Government has taken a decision to appoint KSRTC as the implementing agency to establish and operate the Registered Vehicle Scrapping Facility Centres in the State of Kerala, in accordance with the conditions stipulated in the Rules framed by the Central Government. The Government Order further directed that the CMD, KSRTC shall take necessary steps for floating tender/EOI for setting up the Vehicle Scrapping Centres in Public Private Partnership

¶35

WP(C) NO. 32822 OF 2023

¶36

¶37

(PPP) model utilizing the land, water, electricity and other facilities of KSRTC, for the purpose.

¶38

The Rules of 2021 framed by the Central Government in exercise of the power under Section 212(1) of the Motor Vehicles Act, 1988, do not provide for limiting the setting up of Registered Vehicle Scrapping Facility Centres in favour of a Government undertaking, but it provide that any person or legal entity can set up such Vehicle Scrapping Facility Centres, provided such person or legal entity fulfills the conditions as prescribed under the Rules. Therefore, the Government Order in Ext.P15 to the extent it limits setting up of Vehicle Scrapping Facility Centres under PPP model in the State with the KSRTC runs against the statutory prescriptions of the Rules framed by the Central Government.

¶39

Therefore, I am of the view that the said Government Order should be read down and the Government may set up the Vehicle Scrapping Facility Centre under PPP model with the KSRTC.

¶40

WP(C) NO. 32822 OF 2023

¶41

¶42

However, private individuals or legal entitles are not barred from setting up of Vehicle Scrapping Facility Centres, if they fulfill the conditions and their applications are in accordance with law.

¶43

In view of the above, the 2^nd respondent is directed to receive the application of the petitioner along with requisite fee, for registering his Vehicle Scrapping Facility Centre, and if the petitioner fulfills the eligibility and other conditions as prescribed under the Rules, registration should be granted to the petitioner for setting up the Vehicle Scrapping Facility Centre. The State Government can go ahead for setting up of Vehicle Scrapping Facility Centes under PPP model with the KSRTC. However, individuals or other legal entities should also be granted registration for setting up of such Facility Centres, provided they otherwise fulfill the conditions prescribed under the Rules.

¶44

With the aforesaid observations and direction, the present writ petition stands finally disposed

¶45

WP(C) NO. 32822 OF 2023

¶46

¶47

of. Pending interlocutory application, if any, in the present writ petition stands dismissed.

¶48

Sd/DINESH KUMAR SINGH JUDGE

¶49

¶50

WP(C) NO. 32822 OF 2023

¶51

¶52

APPENDIX OF WP(C) 32822/2023

¶53

PETITIONER EXHIBITS

¶54

Exhibit P1	TRUE COPY OF THE GSR 653(E) DATED 23.9.2021
Exhibit P2	TRUE COPY OF THE GSR 695(E) DATED 13.09.2022
Exhibit P3	TRUE COPY OF THE GUIDELINE ISSUED BY THE CENTRAL POLLUTION CONTROL BOARD (CPCB)
Exhibit P4	TRUE COPY OF THE PERFORMA OF REGISTER VEHICLE SCRAPPING FACILITY
Exhibit P5	TRUE COPY OF THE G.O.(P)NO.16/2022/TRANS DATED 29.04.2022 ISSUED BY THE FIRST RESPONDENT BY APPOINTING SECOND RESPONDENT AS THE REGISTERING AUTHORITY UNDER EXHIBIT P1
Exhibit P6	TRUE COPY OF THE TAX RECEIPT IN CONNECTION WITH THE PROPERTY OF PETITIONER ISSUED BY THE VILLAGE OFFICER, KANGAZHA VILLAGE DATED 4.4.2022
Exhibit P7	TRUE COPY OF THE POSSESSION CERTIFICATE IN CONNECTION WITH THE PROPERTY OF PETITIONER ISSUED BY THE VILLAGE OFFICER, KANGAZHA VILLAGE, DATED 3.6.2022
Exhibit P8	TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTY OF PETITIONER ISSUED BY THE VILLAGE OFFICER, KANGAZHA VILLAGE
Exhibit P9	TRUE COPY OF THE SITE APPROVAL AND BUILDING PERMIT DATED 1.6.2022 ISSUED BY THE SECRETARY, VAZHOOR GRAMA PANCHAYATH
Exhibit P10	TRUE COPY OF THE PLAN OF PROPOSED INDUSTRIAL

¶55

WP(C) NO. 32822 OF 2023

¶56

¶57

BUILDING FOR THE RVSF APPROVED BY THE VAZHOOR GRAMA PANCHAYATH

¶58

Exhibit	P11 TRUE COPY TO ESTABLI 31.3.2027 POLLUTION	OF THE SH DATE ISSUED CONTROL	RELEVANT PAGES OF CONSENT D 22.5.2022 VALID UPTO BY THE KERALA STATE BOARD TO THE PETITIONER
Exhibit	P12 TRUE COPY ISSUED BY TO THE PET	OF THE THE DIS ITIONER	ORDER DATED 26.9.2022 TRICT GEOLOGIST, KOTTAYAM
Exhibit	P13 TRUE COPY SIXTH RESP VEHICLE SC	OF THE ONDENT RAPPING	USER GUIDE ISSUED BY THE REGARDING REGISTRATION OF SCHEME

¶59

Exhibit P14	TRUE COPY OF THE 31.1.2023 ISSUED	G. BY	O. T	(P)NO.11/2023/FIN DATED HE FIRST RESPONDENT
Exhibit P15	TRUE COPY OF THE	G.	O.	(RT.) 100/2023/TRANS
	DATED 9.3.2023 IS RESPONDENT	SU	ED	BY THE FOURTH

¶60

RESPONDENT EXHIBITS

¶61

EXHIBIT	R4(A) TRUE COPY OF THE G.O.(P)NO.11/2023/FIN DATED 30.06.2023 ISSUED BY THE 1ST RESPONDENT IS PRODUCED HEREWITH AND MARKED AS EXHIBIT R- 4(A)
EXHIBIT	R4(B) A TRUE COPY OF THE NOTICE INVITING EXPRESSION OF INTEREST ISSUED BY THE KSRTC, DATED 13/03/2023
EXHIBIT	R4(C) A TRUE COPY OF THE ADVERTISEMENT PUBLISHED IN MATHRUBHUMI NEWSPAPER ON 16/03/2023
EXHIBIT	R4(D) A TRUE COPY OF THE MINUTES OF THE MEETING

¶62

WP(C) NO. 32822 OF 2023

¶63

¶64

HELD ON 24/03/2023

¶65

EXHIBIT R4(E) A TRUE COPY OF THE LETTER ISSUED BY THE KSRTC TO KRDCL DATED 17/04/2023

¶66

EXHIBIT R4(F) A TRUE COPY OF THE E-TENDER FOR PLANNING, ESTABLISHING, OPERATING AND MAINTAINING, REGISTERED VEHICLE SCRAPPING FACILITY (RVSF) AT EDAPPAL IN THE STATE OF KERALA ON PUBLIC PRIVATE PARTNERSHIP (PPP) MODEL WITH KSRTC DATED 25/09/2023

Mohammed Basheer v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mohammed Basheer v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Secretary -Treasurer, Vs the Commissioner

Sakthi Finance Limited, Vs the Regional Transport Authority

Prince Mohanan, Vs the Regional Transport Officer (Enforcement)

Sadiq Ali, Vs the Sub Collector (R.D.O.)

Jk Residency, Vs State of Kerala

Jesna Steefan, Vs Additional/Joint/Deputy/Assistant Commissioner of Income Tax/Income Tax Officer