Review petition against a writ judgment that set aside a Kerala government order fixing different PUC certificate validity periods for two-wheelers and four-wheelers under BS-IV/BS-VI norms. The court found no error apparent on the face of the record and dismissed the review petition.
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 DINESH KUMAR SINGH
TUESDAY, THE 19TH DAY OF MARCH 2024 / 29TH PHALGUNA, 1945
RP NO. 414 OF 2024
AGAINST THE JUDGMENT DATED IN WP(C) NO.30776 OF 2023 OF HIGH COURT OF
KERALA
REVIEW PETITIONER/S:
ASSOCIATION OF AUTHORISED TESTING STATIONS FOR MOTOR
VEHICLES (KERALA),
AGED 69 YEARS
REG. NO. T.84/97, H.O., S.A. VILLA, SAINIK SCHOOL P.O.,
KAZHAKKOOTTAM, THIRUVANANTHAPURAM, PIN - 695 585,
REPRESENTED BY ITS GENERAL SECRETARY.[K.P. SABU, S/O T.V.
PADMANABHAN, KONATTUSSERIL, KADAKKARAPPALLY P.O.,
CHERTHALA TALUK, ALAPPUZHA DISTRICT.], PIN - 688529
BY ADVS.
V.N.SANKARJEE
V.N.MADHUSUDANAN
R.UDAYA JYOTHI
M.M.VINOD
M.SUSEELA
KEERTHI B. CHANDRAN
VIJAYAN PILLAI P.K.
C.PURUSHOTHAMAN NAIR
SINEESH K.M.
RESPONDENT/S:
1SADANANDA NAIK
AGED 55 YEARS
S/O SARVOTHAMA NAIK, ALUNKAL HOUSE, H. NO. 18/733,
PALLURUTHI P.O. KOCHI., PIN - 682006
2THE MINISTRY OF ROAD TRANSPORT & HIGHWAYS
TRANSPORT BHAVAN, PARLIAMENT STREET, NEW DELHI,
REPRESENTED BY ITS SECRETARY., PIN - 110001
3THE SECRETARY
DEPARTMENT OF TRANSPORT, SECRETARIAT, THIRUVANANTHAPURAM.,
PIN - 695001
4THE TRANSPORT COMMISSIONER
8TH FLOOR B-BLOCK, CIVIL STATION, KUDAPPANAKKUNNU,
THIRUVANANTHAPURAM., PIN - 695043
OTHER PRESENT:
SMT. RESHMITA RAMACHANDRAN-GP
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 19.03.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RP No.414 of 2024
2
ORDER
The review petition has been filed by the petitioner who claims to be General Secretary of Vehicle Emission Testing Owners Association, Kerala. Though the petitioner has not produced any certificate of registration of the association under the provisions of Travancore Cochin Literary Scientific and Charitable Societies Registration Act, 1956 (‘the Act’ for short). Neither any authorisation has been submitted in the writ petition, authorising the petitioner herein to file this review petition. This court could have dismissed the review petition on this ground alone, however the court would like to decide the merit of the review petition as well.
RP No.414 of 2024
3
incorrect.
3.I have considered the submissions advanced and gone through the impugned judgment in W.P (C) No. 30776/2023 dated 21.11.2023 once again. This court has set aside Ext.P5 notification dated 22.08.2022 on the ground that the Government cannot discriminate between the categories of two wheeler and four wheeler vehicles in respect of validity of Pollution Under Control (PUC) certificates which are manufactured under the BS-IV or BS-VI. There appears to be no rational differentia in providing the different validity period for PUC in respect of two wheeler and four wheeler manufactured under BS-IV or BS-VI norms. Therefore, I find that there is no error apparent on the face of record in the judgment which requires review by this court.
In view thereof, I find no merit in the review petition which is hereby dismissed.
Sd/-
DINESH KUMAR SINGH JUDGE
SJ
RP No.414 of 2024
4
APPENDIX OF RP 414/2024
PETITIONER ANNEXURESAnnexure ITRUEREPRE |
COPYSENTA |
OFTION |
THE REVIEW PETITIONER'SDATED 16.6.2021 SUBMITTED |
|---|---|---|---|
TOTRANSTRANS |
THEPORTLATIO |
HONOUDEPARN |
RABLE MINISTER FOR THETMENT, KERALA WITH ENGLISH |
Annexure IITRUE26.11 |
COPY.2019 |
OFBY G |
THE NOTIFICATION DATED.S.R.881(E) |
Annexure IIITRUEUNDERKARNAIV CA |
COPYCONTAKATEGOR |
OF THTROLFOR AY |
E CERTIFICATE OF POLLUTIONISSUED IN THE STATE OFTWO WHEELER VEHICLE IN BS- |
Annexure IVTRUEI.A.(FILIHONOU |
COPYNO.NG NORABLE |
OF T1/202.) OFCOUR |
HE ORDER DATED 5.1.2024 IN3 IN W.A. NO. 2085/2023THE DIVISION BENCH OF THIST |
2 issues framed by the court
Was there any error apparent on the face of the record in the writ petition judgment setting aside the G.O. on PUC certificate validity for BS-IV/BS-VI vehicles?
Could a review petition lie without proof of association registration and authorisation?
2 provisions across 2 enactments
Association of Authorised Testing Stations for Motor Vehicles (Kerala), represented by K.P. Sabu
Sadananda Naik
The Ministry of Road Transport & Highways
The Secretary, Department of Transport
The Transport Commissioner
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court