Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH THURSDAY, THE 5TH DAY OF OCTOBER 2023 / 13TH ASWINA, 1945 PETITIONER: JAYANTHI.K AGED 46 YEARS KUNDANCHALIL HOUSE, KIZHAKKUMBHAGAM, PINARAYI, KANNUR, PIN - 670622. BY ADVS. SRI. I. DINESH MENON SRI. L. RAJESH NARAYAN RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY SECRETARY, MOTOR VEHICLES DEPARTMENT, TRANS TOWERS, VAZUTHACAUD, 2 THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, 2ND FLOOR, TRANS TOWERS, VAZUTHACAUD, THYCAUD P. O., 3 THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, CIVIL STATION P. O., KANNUR, PIN - 670002. BY ADV. SRI. JOBY JOSEPH - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DINESH KUMAR SINGH, J.
-------------------------- W.P.(C) No.27626 of 2023 ------------------------- Dated this the 5th day of October, 2023
JUDGMENT
1. The present writ petition has been filed inter alia impugning
Exhibit P-4 dated 03.08.2023 whereby the petitioner’s application for setting up Pollution Testing Centre in Perlassery Grama Panchayat was rejected. It has been stated that a report was submitted by the Motor Vehicle Inspector dated 14.07.2023 stating that the proposed site for setting up the Pollution Testing Centre is within a radius of one kilometer of the existing pollution testing centre and as per the Government Order dated 26.06.2023, the the distance between two pollution testing centres in villages should not be less than two kilometers.
2. Learned Counsel for the petitioner submits that the date of
report of the Motor Vehicle Inspector dated 14.07.2023 and the application of the petitioner is dated 15.07.2023. He, therefore submits that the very basis of rejecting the application of the petitioner i.e. the report issued by the Motor Vehicle Inspector dated 14.07.2023 appears to be suspicious.
3. The Learned Government Pleader has no answer as regards
the above fact that how come report dated 14.07.2023 could have been submitted by the Motor Vehicle Inspector on the application of the petitioner dated 15.07.2023.
4. There appears to be some mistake or in fact no enquiry was conducted on the application of the petitioner. In view thereof, the present writ petition is allowed, the impugned Exhibit P-4
order is set aside and the 3rd respondent Regional Transport
Officer is directed to conduct a fresh enquiry and thereafter, take a decision on the application of the petitioner. Before taking final decision in the matter, the petitioner may be afforded an opportunity of hearing.
Sd/- DINESH KUMAR SINGH JUDGE Svn APPENDIX OF WP(C) 27626/2023 PETITIONER’S EXHIBITS EXHIBIT P1 TRUE COPY OF THE LICENSE ISSUED FROM PERLASSERY GRAMA PANCHAYATH DATED 15.6.2023 EXHIBIT P2 TRUE COPY OF THE PUCC CENTRE ONLINE REGISTRATION ALONG WITH FEE PAYMENT RECEIPT EXHIBIT P3 TRUE COPY OF G.O (RT) NO.259/2023/TRANS DATED 26.6.2023 EXHIBIT P4 A TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 3.8.2023