Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI & THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 30TH DAY OF JANUARY 2024 / 10TH MAGHA, 1945 WA NO. 120 OF 2024 AGAINST THE ORDER/JUDGMENT WP(C) 42719/2023 OF HIGH COURT OF KERALA APPELLANT/S:
1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 2 STATE OF KERALA REPRESENTED BY THE SECRETARY, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 3 THE TRANSPORT COMMISSIONER & CHAIRMAN STATE TRANSPORT AUTHORITY (STA), TRANSPORT COMMISSIONERATE, 2ND FLOOR, TRANS TOWERS, VAZHUTHACAUD, THYCAUD.P.O., THIRUVANANTHAPURAM., PIN - 695014 4 STATE TRANSPORT AUTHORITY, KERALA STATE REPRESENTED BY ITS SECRETARY, TRANS TOWERS, VAZHUTHACAUD, THYCAUD.P.O., THIRUVANANTHAPURAM., PIN - 695014 5 THE JOINT TRANSPORT COMMISSIONER & SECRETARY STATE TRANSPORT AUTHORITY (STA), TRANS TOWERS, VAZHUTHACAUD, THYCAUD.P.O., THIRUVANANTHAPURAM., PIN - 695014 6 THE REGIONAL TRANSPORT OFFICER REGIONAL TRANSPORT OFFICE, PATHANAMTHITTA., PIN - 689645 7 THE REGIONAL TRANSPORT OFFICER (ENFORCEMENT) CIVIL LANE, CIVIL STATION, THIRUVALLA.P.O., PATHANAMTHITTA., PIN - 689101 8 THE REGIONAL TRANSPORT OFFICER, KOZHIKODE GROUND FLOOR, CIVIL STATION, ERANHIPALAM, KOZHIKODE., PIN - 673020 9 THE REGIONAL TRANSPORT OFFICER, ERNAKULAM
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2ND FLOOR, CIVIL STATION, KAKKANAD, VAZHAKKALA, KOCHI., PIN - 682030 10 THE REGIONAL TRANSPORT OFFICER (ENFORCEMENT), THRISSUR OLLUR INDUSTRIAL ESTATE, OLLUR, THRISSUR., PIN - 11 THE SUB REGIONAL TRANSPORT OFFICER, PERUMBAVOOR MUNICIPAL SHOPPING COMPLEX BUILDING, PATTAL, IRINGOLE.P.O., PIN - 683545 12 THE REGIONAL TRANSPORT OFFICER, PALAKKAD KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD., PIN - 13 THE REGIONAL TRANSPORT OFFICER, KOTTAYAM COLLECTORATE, KOTTAYAM., PIN - 686002 14 THE MOTOR VEHICLES INSPECTOR SUB REGIONAL TRANSPORT OFFICE, RANNI, PATHANAMTHITTA., PIN - 689645 BY ADVS. GOVERNMENT PLEADER PUBLIC PROSECUTOR
RESPONDENT/S:
1 KISHORE.K AGED 42 YEARS S/O.SASIDHARAN.K, KAILAS PALAZHI PALA, GURUVAYURAPPAN COLLEGE, KOZHIKODE, REPRESENTED BY POWER OF ATTORNEY BABY GIRISH, AGED 49 YEARS, S/O.LATE JOSEPH, RESIDING AT PARAYIL, CHERADIVALIYAVEETTIL HOUSE, EDAMARUKU.P.O., MELUKAVU, KOTTAYAM., PIN - 686652 2 UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT BHAVAN-1, PARLIAMENT STREET, NEW DELHI., PIN - 110001 3 MINISTRY OF ROAD TRANSPORT AND HIGHWAYS TRANSPORT BHAVAN-1, PARLIAMENT STREET, NEW DELHI, REPRESENTED BY ITS SECRETARY., PIN - 4 KERALA STATE ROAD TRANSPORT CORPORATION THROUGH ITS CHAIRMAN AND MANAGING DIRECTOR, TRANSPORT BHAVAN, EAST FORT, THIRUVANANTHAPURAM., PIN - 695023
-3- 5 DISTRICT TRANSPORT OFFICER KERALA STATE ROAD TRANSPORT CORPORATION, PATHANAMTHITTA., PIN - 689645 BY ADV PRIYA P. K OTHER PRESENT: SPL.GP. P.N. SANTHOSH KUMAR ADV.P.K.PRIYA FOR R1. CGC SUVIN R. MENON;SC FOR KSRTC DEEPU THANKAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -4-
JUDGMENT
Dated this the 30th day of January, 2024 A.J.Desai, C.J. By way of the present writ appeal filed under Section 5 of the Kerala High Court Act, 1958, the
State of Kerala has challenged an interim order
dated 20.12.2023 passed by the learned Single Judge by which the petitioner's vehicle bearing registration No.KL-65/R-5999 has been released on certain terms and conditions.
2. It appears from the records that the
petitioner has filed another writ petition with respect to the vehicle referred above, which is pending consideration. It is also brought to our notice that in compliance of the order dated 20.12.2023, the vehicle has already been released. In view of the above facts, we dispose of the appeal with the following observations;
(i) The appellants/respondents 3 to 16 shall -5- file their counter affidavit in all the writ petitions (W.P.(C) No.38261 of 2023 and W.P.(C) No.42719 of 2023) within a period of one week from today.
(ii) Learned Single Judge is hereby requested to decide all writ petitions as early as possible.
(iii) The permit holder shall ply the
vehicle strictly in compliance with the permit conditions and if any breach of the permit is committed, the State authorities can bring it to the notice of the learned Single Judge by filing an application.
(iv) If any breach is found committed, the
learned Single Judge may pass appropriate orders in accordance with law. Sd/- A.J.Desai Chief Justice Sd/- V.G.Arun Judge Scl/ -6- APPENDIX OF WA 120/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PERMIT FOR THE VEHICLE BEARING REGISTRATION NO.KL-65- R-5999 Exhibit P2 TRUE COPY OF THE AUTHORIZATION IN THE VAHAN SITE OF THE VEHICLE BEARING REGISTRATION NO.KL-65-R-5999 Exhibit P3 TRUE COPY OF THE PAYMENT RECEIPTS OF THE TAX FOR THE VEHICLE BEARING REGISTRATION NO. KL-65-R-5999 DATED 31-08-2023 & CLEAR COPY Exhibit P4 TRUE COPY OF THE DETAILS OF THE WPC NO.1112-2023 AVAILABLE FROM THE SITE OF BTHE HONOURABLE SUPREME COURT OF INDIA & ITS CLEAR COPY Exhibit P5 TRUE COPY OF THE DETAILS OF W.P.(C) NO. 1112 OF 2023 AVAILABLE FROM THE SITE OF THE HONOURABLE SUPREME COURT OF INDIA. Exhibit P6 TRUE COPY OF THE LETTER DATED 30.08.2023 SENT BY THE 18TH RESPONDENT TO THE 8TH RESPONDENT & TRANSLATED COPY Exhibit P7 TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P6. Exhibit P8 TRUE COPY OF THE CHECK REPORT/CHALAN DATED 01.09.2023 AT ABOUT 4.57 A.M. ALONG WITH A NOTICE UNDER RULE 107 (FORM CFX) & TRANSLATED COPY Exhibit P9 TRUE COPY OF THE CERTIFICATE OF FITNESS OF VEHICLE BEARING REGISTRATION NO.KL-65-R-5999. Exhibit P10 TRUE COPY OF THE LETTER DATED 12 10.2023 SENT BY THE 18TH RESPONDENT TO THE 8TH RESPONDENT Exhibit P11 TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P10 Exhibit P12 TRUE COPY OF THE GENERAL ADMINISTRATION (AIS-A) DEPARTMENT -7-
ORDER DATED 21.09.2023
Exhibit P13 TRUE COPY OF THE CHECK REPORT/CLIALAN DATED 16.10.2023. Exhibit P14 TRUE COPY OF THE PASSENGERS LIST DATED 16.10.2023 OF THE VEHICLE BEARING REGISTRATION NO.KL-65-R-5999. Exhibit P15 TRUE COPY OF THE SEIZURE MAHAZAR DATED 16.10.2023 ALONG WITH THE ENGLISH TRANSLATION. Exhibit P16 TRUE COPY OF THE ORDER DATED
09.11.2023 IN CRL.M.P.NO. 3476 OF 2023 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, RANNI.& ITS CLEAR COPY
Exhibit P17 TRUE COPY OF THE INTERIM ORDER DATED 17.11.2023 IN W.P.(C) NO. 38261 OF 2023 ON THE FILES OF THIS HONOURABLE COURT. Exhibit P18 TRUE COPY OF THE VEHICLE INSPECTION RECORD. Exhibit P19 TRUE COPY OF THE CHECK REPORT/CHALAN DATED 18.11.2023 AT 5.09 A.M.& ITS Exhibit P20 TRUE COPY OF THE CHECK REPORT/CHALAN DATED 18.11.2023 AT ABOUT 10.58 Α.Μ & TRANSLATED COPY Exhibit P21 TRUE COPY OF THE CHECK REPORT/CHALAN DATED 18.11.2023 AT 11.51 A.M & Exhibit P22 TRUE COPY OF THE CHECK REPORT/CHALAN DATED 23.11.2023 AT 1.23 A.M.& ITS Exhibit P23 TRUE COPY OF THE CHECK REPORT/CHALAN DATED 23.11.2023 AT 8.45 A.M & Exhibit P24 TRUE COPY OF THE CHECK REPORT/CHALAN DATED 23.11.2023 AT 9.27 A.M.& ITS Exhibit P25 TRUE COPY OF THE CHECK REPORT/CHALAN DATED 23.11.2023 AT 10.30 A.M.& TRANSLATED COY Exhibit P26 TRUE COPY OF THE CHECK REPORT/CHALAN DATED 23.11.2023 AT 11.15 A.M & -8- Exhibit P27 TRUE COPY OF THE CHECK REPORT/CHALAN DATED 24.11.2023 AT ABOUT 0.12 A.M.& Exhibit P28 TRUE COPY OF THE CHECK REPORT/CHALAN DATED 24.11.2023 AT 00.49 A.M.& Exhibit P29 TRUE COPY OF THE REQUEST LETTER DATED 24.11.2023 SUBMITTED BY THE PETITIONER BEFORE THE 8TH RESPONDENT & ITS CLEAR COPY Exhibit P30 TRUE COPY OF THE NOTICE DATED 20.11.20223 ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER Exhibit P31 TRUE COPY OF THE E-MAIL RECEIVED BY THE PETITIONER ON 27.11.2023 FROM THE OFFICE OF THE JOINT TRANSPORT COMMISSIONER AND SECRETARY STA. Exhibit P32 TRUE COPY OF THE E-MAIL DATED 28.11.2023 SENT BY THE PETITIONER TO THE JOINT TRANSPORT COMMISSIONER AND SECRETARY STA. Exhibit P33 TRUE COPY OF THE ORDER NO.H4/14/STA 2023, 29.11.2023. Exhibit P34 TRUE COPY TAKEN FROM THE VAHAN SITE, VEHICLE BEARING REGISTRATION NO.KL-65- R-5999. Exhibit P35 TRUE COPY OF THE ORDER DATED 30.11.2023 IN L.A.NO. 2 OF 2023 IN W.P.(C) NO. 38261 OF 2023 PASSED BY THIS HONOURABLE COURT. Exhibit P36 TRUE COPY OF THE LETTER DATED 01.12.2023. Exhibit P37 TRUE COPY OF THE REPLY DATED 01.12.2023 ISSUED TO THE PETITIONER.& ITS CLEAR COPY Exhibit P38 TRUE COPY OF THE LETTER SENT BY THE PETITIONER TO THE 5TH RESPONDENT. Exhibit P39 TRUE COPY OF THE LETTER DATED 01.12.2023 SENT BY THE PETITIONER TO THE 10TH RESPONDENT Exhibit P40 TRUE COPY OF THE LIST OF TOURISTS ON 30.08.2023, 31.08.2023, 18.11.2023, -9- 19.11.2023, 22.11.2023. 23.11.2023 AND 24.11.2023 Exhibit P41 TRUE COPY OF THE G.O.(P) NO. 17.11.2023