Kerala High Court
The Secretary vs Shibumon P.V on 19 November, 2020
Bench: A.M.Shaffique, P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.2242 OF 2019
AGAINST THE JUDGMENT IN WP(C) 20193/2018(Y) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENTS 1 AND 2 IN THE WPC:
1 THE SECRETARY
TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 THE REGIONAL TRANSPORT OFFICER,
KOTTAYAM DISTRICT, PIN CODE-686 002
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/RESPONDENTS/PETITIONER & RESPONDENTS 3 & 4 IN WPC:
1 SHIBUMON P.V
S/O. BHASKARAN, PEEDOMCHERINJATHIL, THYKULAM P.O,
PEROOR, KOTTAYAM DISTRICT-686 637
2 THE ASSISTANT REGISTERING AUTHORITY,
PONDICHERRY-605 004
3 REGISTERING AUTHORITY,
PONDICHERRY, MAHI-673 310
R1 BY ADV. SRI.PAUL K.VARGHESE
R2-3 BY ADV. SHRI.ASADU AHMMED CHULLINTE
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2406/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:2:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.2406 OF 2019
AGAINST THE JUDGMENT IN WP(C) 18170/2018(U) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENTS 1 & 2 IN THE WPC:
1 THE SECRETARY, TRANSPORT DEPARTMENT,
GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM - 695
001.
2 THE JOINT REGIONAL TRANSPORT OFFICER,
OFFICE OF THE JOINT REGIONAL TRANSPORT OFFICER,
KOTHAMANGALAM, ERNAKULAM DISTRICT - 686 691.
BY BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER & ADDL.R3 IN THE WPC:
1 MUHAMMED IKBAL K.,
S/O.KUNJUMUHAMMED, KALLUMPURATHU (H), PAREKANNI
P.O., KOTHAMANGALAM VILLAGE, NELLIMATTAM (VIA),
KALAVOOR KARA, ERNAKULAM DISTRICT - 686 693, DOING
BUSINESS AT 31/13A, THIRUVALLUVAR SALARI, PILLAI
THOTTAM, PONDICHERRY - 605 013.
2 THE REGISTERING AUTHORITY,
PONDICHERRY, MAHI - 673 310.
R1 BY ADV. SRI.PAUL K.VARGHESE
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:3:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.2411 OF 2019
AGAINST THE JUDGMENT IN WP(C) 19527/2018(M) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENTS IN THE WPC:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, TRANSPORT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 TRANSPORT COMMISSIONER,
THIRUVANANTHAPURAM-695 001.
3 THE REGIONAL TRANSPORT OFFICER/REGISTERING
AUTHORITY,OFFICE OF THE REGIONAL TRANSPORT OFFICER,
CIVIL STATION, PALAKKAD-678 001.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENT/PETITIONER IN WPC:
SOPHIA KISHORE
W/O.MOHAMMED KISHORE, ROCK HOUSE, RAMANATHAPURAM,
PALAKKAD-678 014.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:4:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.2422 OF 2019
AGAINST THE JUDGMENT IN WP(C) 20321/2018(M) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENTS IN THE WPC:
1 STATE OF KERALA
REPRESENTED BY DEPARTMENT OF TRANSPORT, GOVT.
SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2 REGIONAL TRANSPORT OFFICER,
AND THE REGISTERING AUTHORITY, REGIONAL TRANSPORT
OFFICE, OTTAPPALAM, PALAKKAD 679 101.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENT/PETITIONER IN THE WPC:
GINU SWAROOP
W/O. SWAROOP RAJAN, DOOR NO. 66/1/C PLOT NO. 2,
VEERAMPATTINAM STREET, KAKAYANTHOPE, ARIYANKUPPAM,
PONDICHERRY -7, REPRESENTED BY HIS POWER OF
ATTORNEY HOLDER DR. C.A. RAJA, S/O. CA.A. ABRAHAM,
RESIDING AT ROOP SARYA, MAYILVAHANAM, SHORNUR 1.
R1 BY ADV. SRI.MILLU DANDAPANI
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:5:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.2428 OF 2019
AGAINST THE JUDGMENT IN WP(C) 19067/2018(G) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENTS 1 TO 3 IN THE WPC:
1 THE STATE TRANSPORT COMMISSIONER,,
TRANS TOWER, VAZHUTHACADU,
THIRUVANANTHAPURAM 695 014.
2 THE DEPUTY TRANSPORT COMMISSIOENR,
SOUTH ZONE, THIRUVANANTHAPURAM 695 572
3 THE REGIONAL TRANSPORT OFFICER (TAXATION OFFICER)
THIRUVANANTHAPURAM 695 014
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER & 4TH RESPONDENT IN THE WPC:
1 SREEKUMAR R.,
S/O. LATE RETNAMPILLAI, 50/505(1), GOWREE SANKARAM,
MARUTHOORKADAVU, KALADY, KARAMANA P.O,
THIRUVANANTHAPURAM 695 002
2 THE ASSISTANT REGISTERING AUTHORITY,
PUDUCHERRY 605 001
R1 BY ADV. SRI.K.R.SUNIL
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:6:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.2429 OF 2019
AGAINST THE JUDGMENT IN WP(C) 25698/2018(J) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENTS 1 TO 3 IN THE WPC:
1 TRANSPORT COMMISSIONER
OFFICE OF THE TRANSPORT COMMISSIONER, TRANS TOWERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014.
2 THE DEPUTY TRANSPORT COMMISSIONER,
CENTRAL ZONE-2, KAKKANAD, ERNAKULAM-682 030.
3 REGIONAL TRANSPORT OFFICER,
MUVATTUPUZHA-686 661.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER & ADDL.5TH RESPONDENT IN WPC:
1 BIJU V. THOTTAM
S/O.T.U.KUNJACHAN, MANAGING PARTNER, THOTTATHIL
FASHION JEWELLERY, MUNICIPAL SHOPPING COMPLEX, ROOM
NO.6, KACHERITHAZHAM, MUVATTUPUZHA, RESIDING AT
THOTTATHIL HOUSE, MARKET P.O.,
MUVATTUPUZHA-686 673.
2 THE ASSISTANT REGISTERING AUTHORITY,
REGIONAL TRANSPORT OFFICE, 100 FEET ROAD, OPPOSITE
BUS STOP, MUDALIYARPET, PUDUCHERRY-605 004.
R1 BY ADV.SR.SAJEEVKUMAR K.GOPAL
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:7:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.2434 OF 2019
AGAINST THE JUDGMENT IN WP(C) 19235/2019(D) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENTS 1 TO 4 IN THE WPC:
1 THE SECRETARY,
TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM- 695001.
2 THE REGIONAL TRANSPORT OFFICER,
MUVATTUPUZHA, ERNAKULAM DISTRICT- 686669.
3 THE DEPUTY TAHSILDAR,
KOTHAMANGALAM TALUK OFFICE, MUVATTUPUZHA,
ERNAKULAM DISTRICT- 686691.
4 THE VILLAGE OFFICER,
KOTHAMANGALAM VILLAGE OFFICE, KOTHAMANGALAM,
ERNAKULAM DISTRICT- 686691.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER & ADDL.R5 IN THE WPC:
1 RENJITH PAUL,
S/O.E.M.PAUL, EDAKKATTUKUDIYIL HOUSE, KUTHUKUZHY,
KOTHAMANGALAM, ERNAKULAM DISTRICT- 686691.
2 REGISTERING AUTHORITY,
PONDICHERRY, MAHI- 673310.
R1 BY ADV. SRI.PAUL K.VARGHESE
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:8:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.2436 OF 2019
AGAINST THE JUDGMENT IN WP(C) 33231/2018(D) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENTS IN THE WPC:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
TRANSPORT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT OFFICE, CIVIL STATION, KAKKANAD,
ERNAKULAM, PIN-682030.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENT/PETITIONER IN THE WPC:
SABU JOHNY,
MANAGING DIRECTOR, M/S.EVM PREMIUM CARS INDIA PVT.
LTD., DEEDI BUILDINGS, POORNANKUPPAM MAIN ROAD,
PONDICHERRY-605007, HAVING PERMANENT RESIDENCE AT
FLAT NO.3D, ORCHID COURTS APARTMENTS, PANCHAVDI,
VYTILLA P.O., ERNAKULAM.
R1 BY ADV. SMT.R.MANEESHA
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:9:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.2448 OF 2019
AGAINST THE JUDGMENT IN WP(C) 27140/2018(N) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENTS 1 & 2 IN THE WPC:
1 THE SECRETARY, TRANSPORT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE REGIOANL TRANSPORT OFFICER,
KASARAGOD, KASARAGOD DISTRICT - 671 123.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER & R3 AND ADDL.R4 IN THE WPC:
1 KALANAD MOHAMMED HAMEED,
S/O.MOHAMMED, HOUSE NO.14/358, KOMPANAPARA HOUSE,
KALANAD P.O., KASARAGOD TALUK, KASARAGOD DISTRICT -
671 317, REPRESENTED BY HIS POWER OF ATTORNEY
HOLDER SRI.BANAS, S/O.ABUBACKER, ARAYANKALAYIL
HOUSE, PEZHAKAPPILLY P.O.,
MUVATTUPUZHA, ERNAKULAM DISTRICT.
2 THE ASSISTANT REGISTERING AUTHORITY,
PONDICHERRY - 605 004.
3 THE REGISTERING AUTHORITY,
100 FEET ROAD, MUDALIARPET, PONDICHERRY - 605 004.
R1 BY ADV. SRI.PAUL K.VARGHESE
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:10:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.2455 OF 2019
AGAINST THE JUDGMENT IN WP(C) 22652/2018(F) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENTS 1 TO 4 IN THE WPC:
1 THE TRANSPORT COMMISSIONER
TRANS TOWER,VAZHUTHACAUD,
THIRUVANANTHAPURAM-695014.
2 THE DEPUTY TRANSPORT COMMISSIONER,
KOCHI-682021.
3 REGIONAL TRANSPORT OFFICER,
(TAXATION OFFICER),MUVATTUPUZHA-686661.
4 THE DEPUTY TAHSILDAR,
MUVATTUPUZHA-686661.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER & ADDL.5TH RESPONDENT IN WPC:
1 SAJEEV MATHEW
CHERUMATTATHIL HOUSE,EAST MARADY.P.O,
MUVATTUPUZHA-686673.
2 THE ASSISTANT REGISTERING AUTHORITY,
PUDUCHERRY-605001.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-10-2020,
ALONG WITH WA.668/2020 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:11:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.2456 OF 2019
AGAINST THE JUDGMENT IN WP(C) 22063/2018(G) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENTS 1 & 2 IN THE WPC:
1 THE REGIONAL TRANSPORT OFFICER
CIVIL STATION,KAKKANAD,ERNAKULAM-682030.
2 THE TRANSPORT COMMISSIONER,
TRANS TOWER,VAZHUTHAKKAD,
THIRUVANANTHAPURAM-695006.
BY ADV.SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER & ADDL.R3 IN THE WPC:
1 SUNILKUMAR K.G
33/3405/N9 NEW BLOCK,2ND FLOOR-B,
KENT ILLAM,VENNALA.P.O,COCHIN.
2 THE REGIONAL TRANSPORT OFFICER(REGISTERING
AUTHORITY),
PONDICHERRY-605001.
R1 BY SRI.K.V.GOPINATHAN NAIR
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:12:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.2457 OF 2019
AGAINST THE JUDGMENT IN WP(C) 24517/2018(L) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENTS IN THE WPC:
1 THE TRANSPORT COMMISSIONER,
TRANSPORT DEPARTMENT, TRANS TOWERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695014.
2 THE REGIONAL TRANSPORT OFFICER,
THRISSUR, PIN-680001.
3 THE DEPUTY TAHSILDAR,
REVENUE RECOVERY, THRISSUR TALUK,
THRISSUR, PIN-680001.
4 THE VILLAGE OFFICER,
THRISSUR VILLAGE, THRISSUR, PIN-680001.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENT/PETITIONER IN THE WPC:
ABDUL GAFOOR .A.V.,
NO.8, 100 FT ROAD, ELLIAIPILLAICHAVADY, PUDUCHERRY-
605005, PERMANENT RESIDENCE AT ARAKKAL VETTATH
HOUSE, PREMJI ROAD, PONKUNNAM, THRISSUR-680001.
R1 BY ADV. SRI.A.R.NIMOD
R1 BY ADV. SRI.M.A.AUGUSTINE
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:13:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.2459 OF 2019
AGAINST THE JUDGMENT IN WP(C) 19334/2018(N) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENTS IN THE WPC:
1 THE JOINT REGIONAL TRANSPORT OFFICER,
PALA, PIN - 686 575.
2 THE DEPUTY TRANSPORT COMMISSIONER,
CENTRAL ZONE-II, KAKKANAD P.O., ERNAKULAM, PIN -
682 030.
3 STATE OF KERALA,
REPRESENTED BY SECRETARY, DEPARTMENT OF TRANSPORT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM- 695 001.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENT/PETITIONER IN THE WPC:
MERCY JOHNY,
W/O.JOHNY, KUNNUMPURATH HOUSE, PALA P.O., KOTTAYAM,
PIN - 686 575, NOW RESIDING AT 3A, 1ST FLOOR,
NEERODUM STREET, OPPOSITE GOVERNMENT MIDDLE SCHOOL,
MUDALARPET, PUDUCHERRY, PIN - 605 004.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:14:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.2460 OF 2019
AGAINST THE JUDGMENT IN WP(C) 22577/2018(V) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENTS IN THE WPC:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, DEPARTMENT OF
TRANSPORT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE JOINT REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT OFFICE, CIVIL STATION, PATTAMBI,
PALAKKAD DISTRICT- 679303.
3 THE DEPUTY TAHSILDAR JR.SUPERINTENDENT,
PATTAMBI TALUK, PALAKKAD DISTRICT- 679102.
4 THE VILLAGE OFFICER,
PATTAMBI TALUK, VALLAPUZHA VILLAGE, PALAKKAD
DISTRICT- 679336.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENT/PETITIONER IN THE WPC:
MOHAMMED NAVAS C.T.,
S/O.YOOSAF HAJI, CHETTIYARTHODI-JAZZ VILLA,
KURUVATTOOR, VALLAPUZHA- 679336.
R1 BY ADV.SMT.LEO LUKOSE
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:15:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.2469 OF 2019
AGAINST THE JUDGMENT IN WP(C) 20932/2018(N) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENTS 1 AND 2 IN THE WPC:
1 THE REGIONAL TRANSPORT OFFICER
MINI CIVIL STATION, MUVATTUPUZHA-686 661.
2 THE TRANSPORT COMMISSIONER,
TRANS TOWER, VAZHUTHAKKAD, THIRUVANANTHAPURAM-695
006.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER & ADDL.R3 IN THE WPC:
1 SATHIAN C.K.
S/O.KUNJAN, GOKUL HOUSE, KADATHY, MARKET P.O.,
MUVATTUPUZHA-686 661.
2 THE REGIONAL TRANSPORT OFFICER(REGISTERING
AUTHORITY),
PONDICHERRY-605 001.
R1 BY SRI.K.V.GOPINATHAN NAIR
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:16:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.2472 OF 2019
AGAINST THE JUDGMENT IN WP(C) 24482/2018(I) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENTS 1 TO 5 IN THE WPC:
1 THE DISTRICT COLLECTOR,KOTTAYAM,
PIN-682 002.
2 THE TAHSILDAR RR,
KOTTAYAMN TALUK, KOTTAYAM-682 002.
3 THE DEPUTY TAHSILDAR,
KOTTAYAM TALUK, KOTTAYAM-682 002.
4 THE REGIONAL TRANSPORT OFFICER,
KOTTAYAM, CIVIL STATION, KOTTAYAM-682 002.
5 THE COMMISSIONER OF TRANSPORT,
OFFICE OF THE TRANSPORT COMMISSIONER,
THIRUVANANTHAPURAM-695 014.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER & ADDL.6TH RESPONDENT IN WPC:
1 K.A.JOSEPH,
KANDATHIL HOUSE, ANIKKADU P.O., KOTTAYAM-686 503.
2 THE REGISTERING AUTHORITY, PUDUCHERRY,
OFFICE OF THE MOTOR VEHICLE REGISTERING AUTHORITY,
PUDUCHERRY-605 001.
R1 BY SRI.G.BHAGAVAT SINGH
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:17:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.2474 OF 2019
AGAINST THE JUDGMENT IN WP(C) 24204/2018(A) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENTS 1 & W IN THE WPC:
1 THE SECRETARY, TRANSPORT DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE REGIONAL TRANSPORT OFFICER,
PERUMBAVOOR, ERNAKULAM DISTRICT-683548.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER & R3 & ADDL.R4 IN THE WPC:
1 J AND P SAND AND AGGREGATES INTERNATIONAL PRIVATE
LIMITED,
CHEMBERY P O, PAYATTUCHAL, KANNUR, REPRESENTED BY
ITS MANAGING DIRECTOR, PETER JOSEPH, S/O. JOSEPH,
PUNJAPUTHUSSERIL HOUSE, KIZHAKKAMBALAM, ERNAKULAM
DISTRICT, PIN-683562, HAVING OFFICE AT 27 IYANAR
KOVIL STREET O.K, PALAYAM, MUDALIARPET,
PONDICHERRY-695004,
2 THE ASSISTANT REGISTERING AUTHORITY,
PONDICHERRY-605004.
3 THE REGISTERING AUTHORITY,
PONDICHERRY-605004.
R1 BY ADV. SRI.PAUL K.VARGHESE
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:18:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.2479 OF 2019
AGAINST THE JUDGMENT IN WP(C) 18068/2018(G) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENTS 1 & W IN THE WPC:
1 THE REGIONAL TRANSPORT OFFICER
ERNAKULAM 682 030.
2 THE TRANSPORT COMMISSIONER,
TRANS TOWER, VAZHUTHAKKAD,
THIRUVANANTHAPURAM 695 002.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER & ADDL.R3 IN THE WPC:
1 JAIHIND TRADERS
29/621 K., JAIN TOWER, VYTTILA, COCHIN 682 019.
2 THE REGIONAL TRANSPORT OFFICER,
(REGISTERING AUTHORITY), PONDICHERRY 605 001.
R1 BY ADV.SRI.K.V.GOPINATHAN NAIR
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:19:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.2492 OF 2019
AGAINST THE JUDGMENT IN WP(C) 16465/2018(G) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENTS 1 TO 3 IN THE WPC:
1 THE JOINT REGIONAL TRANSPORT OFFICER
IRINJALAKKUDA-680121.
2 THE TRANSPORT COMMISSIONER,
TRANS TOWERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM- 695014.
3 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT
OF FINANCE, ROOM NO.131, II FLOOR, NORTH BLOCK,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER & R4 IN TH EWPC:
1 K.R.SURESHKUMAR,
PROPRIETOR, M/S.KALLADA TOURS AND TRAVELS, S/O.LATE
RAMAKRISHNAN NO.31, FANSWA THOTTAM, PONDICHERRY,
PUDUCHERRY- 605005.
2 THE REGIONAL TRANSPORT OFFICER,
PUDUCHERRY- 605001.
BY ADV.SRI.G.HARIHARAN FOR R1
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:20:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.2503 OF 2019
AGAINST THE JUDGMENT IN WP(C) 22273/2018(H) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENTS IN THE WPC:
1 THE REGIONAL TRANSPORT OFFICER
ERNAKULAM-682 030.
2 THE TRANSPORT COMMISSIONER,
TRANS TOWER, VAZHUTHAKKAD, THIRUVANANTHAPURAM, PIN-
695 001.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER IN THE WPC:
M/S. JOS ELECTRICAL (AGENCIES)
REPRESENTED BY ITS PARTNER, SANDEEP LUIZ,
S/O.M.J.LUIZ, 8/8A, P.T.USHA ROAD, ERNAKULAM,
COCHIN-682 011.
R1 BY ADV. SRI.PEEYUS A.KOTTAM
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:21:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.2514 OF 2019
AGAINST THE JUDGMENT IN WP(C) 13970/2018(U) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENTS 1 TO 3 IN THE WPC:
1 THE SECRETARY TO GOVERNMENT,
MINISTRY OF TRANSPORT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 TRANSPORT COMMISSIONER,
2ND FLOOR, TRANS TOWERS, THAICAUD P.O.,
VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.
3 THE RTO,
KOZHIKDOE REGION, KOZHIKODE, OP RAMAN RD,
ERANHIPPALAM, KOZHIKODE, KERALA-673020.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER & 4TH RESPONDENT IN THE WPC:
1 NATARAJ P.S.,
S/O. SADASIVAN PILLAI, HAVING ADDRESS AT PUDUCHERRY
AS 15 RICE MILL STREET, (KUPPAM) PAPPAN CHAVADY,
PUDUCHERRY AND HAVING HIS ADDRESS AT KERALA AS FLAT
NO.7E, SKYLINE OCEANIC APARTMENT, BEACH P.O.,
KOZHIKODE-673032.
2 REGIONAL TRANSPORT AUTHORITY,
UNION TERRITORY OF PUDUCHERRY-605010.
R1 BY SRI.S.K.PREMJITH MENON
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:22:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.2554 OF 2019
AGAINST THE JUDGMENT IN WP(C) 24216/2018(B) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENS 1 & 2 IN THE WPC:
1 JOINT REGIONAL TRANSPORT OFFICER,
SUB REGIONAL TRANSPORT OFFICE, THALASSERY-670 101.
2 STATE OF KERALA
REPRESETNED BY THE SECRETARY, DEPARTMENT OF
TRANSPORT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER & R3 IN THE WPC:
1 PRASEETH PADMAN
PROPRIETOR, M/S. COSMOS BUILDING MATERIALS,
CHIRAKKARA, THALASSERY, KANNUR DISTRICT.
2 THE REGIONAL TRANSPORT OFFICER
REGIONAL TRANSPORT OFFICE, PONDICHERRY-605 001.
R1 BY SRI.T.REMESH BABU
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:23:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.2555 OF 2019
AGAINST THE JUDGMENT IN WP(C) 24050/2018(E) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENTS 1 TO 5 IN THE WPC:
1 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO
GOVERNMENT,TRANSPORT DEPARTMENT, THE SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 TRANSPORT COMMISSIONER,
OFFICE OF THE TRANSPORT COMMISSIONER, 2ND FLOOR,
TRANS TOWERS, THYCAUD.P.O., THIRUVANANTHAURAM-
695014.
3 THE STATE POLICE CHIEF AND DIRECTOR GENERAL OF
POLICE,
POLICE HEAD QUARTER, THIRUVANANTHAPURAM-695010.
4 THE REGIONAL TRANSPORT OFFICER AND REGISTERING
AUTHORITY,
CIVIL STATION, KAKKANAD, ERNAKULAM, PIN-682030.
5 THE JOINT REGIONAL TRANSPORT OFFICER
AND ADDITIONAL REGISTERING AUTHORITY, CIVIL
STATION, KAKKANAD, ERNAKULAM, PIN-682030.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER & ADDL.R6 IN WPC:
1 HAZEM ABDUL KHADER SALIHA,
MANAGING PARTNER, MAYYAZHI GROUP, BRANCH OFFICE,
NO.17A. PSC BANK NAGAR, 100 FEET ROAD,
MUDALIYARPET, PUDUCHERRY-605004.
WA No.2242/2019 & conn.cases
-:24:-
2 THE ASSISTANT REGISTERING AUTHORITY,
OFFICE OF THE ASSISTANT REGISTERING AUTHORITY,
OLUGARAT TALUK, SATHYA NAGAR,
GNANAPRAKASHAM NAGAR, SARAM,
PUDUCHERRY, PIN-605004.
R1 BY ADV. SRI.M.AJAY
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-10-2020,
ALONG WITH WA.668/2020 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:25:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.14 OF 2020
AGAINST THE JUDGMENT IN WP(C) 23175/2018(V) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENTS IN THE WPC:
1 TRANSPORT COMMISSIONER,
TRANSPORT COMMISSIONERATE, TRANS TOWERS,
VAZHUTHACAUD, THYCAUD P.O., THIRUVANANTHAPURAM -
695 014.
2 THE REGIONAL TRANSPORT OFFICER,
ALAPPUZHA, CIVIL STATION, CIVIL STATION P.O.,
ALAPPUZHA, PIN - 688 001.
3 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, MOTOR VEHICLES
DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM- 695 001.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENT/PETITIONER IN THE WPC:
OMAR FAROOQUE MINTY P.T.,
S/OL P.K. THAHA, PEARL GARDENS, CHANDIROOR,
CHERTHALA, ALAPPUZHA DISTRICT - 688 534.
BY ADV.V.MAHENDRANATH
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:26:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.35 OF 2020
AGAINST THE JUDGMENT IN WP(C) 21399/2018(Y) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENTS 1 TO 3 & 7 TO 9 IN THE WPC:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO
GOVERNMENT,TRANSPORT DEPARTMENT.
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE TRANSPORT COMMISSIONER,
TRANS TOWERS,VAZHUTHACAUD,
THIRUVANANTHAPURAM-695 014.
3 THE JOINT RTO,
SUB RTO OFFICE,MINI CIVIL STATION,
CHERTHALA,ALAPPUZHA DISTRICT,PIN-688 524.
4 THE ENQUIRY OFFICER,
(K.G. BIJU),MOTOR VEHICLES INSPECTOR,
SUB RTO OFFICE,
CHERTHALA,ALAPPUZHA DISTRICT,PIN-688 524.
5 GEORGE THOMAS,
MOTOR VEHICLES INSPECTOR,I.D.NO.1227,
REGIONAL TRANSPORT OFFICE,KAKKANAD,
ERNAKULAM,KOCHI-682 030.
6 THE REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT OFFICE,KAKKANAD,
ERNAKULAM,KOCHI-682 030.
BY SRI. P. RAVINDRANATH-SPL.G.P.
WA No.2242/2019 & conn.cases
-:27:-
RESPONDENTS/PETITIONER & RESPONDENTS 4 TO 6 IN WPC:
1 R.F.EXPORTS
REPRESENTED BY ITS PROPRIETOR, FAROOK
F.M.,S/O.A.M.MOOSA HANJI,MANAR,
CHANDIROOR P.O.,ERAMALLOOR,CHERTHALA,
ALAPPUZHA,PIN-688 537. HAVING REGISTERED OFFICE AT
ERNAMALLOOR,ERNAMALLOOR P.O.,
CHERTHALA,ALAPPUZHA PIN-688 537,FORMERLY HAVING
REGIONAL OFFICE AT R.F. EXPORTS 91,VILLIANUR MAIN
ROAD,ARUMPARTHAPURA,
PUDUCHERRY-605 110.
2 PORCHE CENTRE,
KOCHI,REPRESENTED BY M/S.EVM PREMIUM CARS INDIA
PVT.LTD.REGD.OFFICE V/127,128,NH BYE PASS,
KANNADIKKADU,MARADU,KOCHI-628 304.
3 MUHAMMED ASHRAF V.,
S/O.AHAMAD,VAYAPURATH HOUSE,ELETTIL P.O.,
KODUVALLY,KOZHIKODE.
4 MRS.SHABAB,
PONNAMBATH,S/O.LAILA,
AHLIMA,4/1702,NEAR STATE BANK.MAHE,
PUDUCHERRY-673 310.
R1 BY ADV. DR.SEBASTIAN CHAMPAPPILLY
R2 BY ADV. SMT.R.MANEESHA
R4 BY ADV. SRI.T.K.RAJESHKUMAR
R4 BY ADV. KUM.APARNA SOMARAJAN
R4 BY ADV. SMT.MERSEENA VINCENT
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:28:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.71 OF 2020
AGAINST THE JUDGMENT IN WP(C) 17432/2018(D) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENTS 1 TO 3 IN THE WPC:
1 STATE OF KERALA
REP BY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF
TRANSPORT , GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001
2 THE REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT OFFICE, THALASSERY P.O, KANNUR
DISTRICT 670 101
3 THE MOTOR VEHICLE INSPECTOR,
THALASSERY P.O, KANNUR DISTRICT 670 101
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER & R1 IN THE WPC:
1 M.M.THOMAS
S/O. JOSEPH, MADATHINAMATTATHIL, KAICHERI, KANNAVAM
P.O, KANNUR DISTRICT 670 650, ALSO RESIDING AT NO.
15 RICE MILL STREET, KUPPAM, PAPPANCHAVADY,
PUDUCHERRY, PONDICHERRY 605 001
2 THE REGISTERING AUTHORITY,
REGIONAL TRANSPORT OFFICE OF PONDICHERRY, 100 FEET
ROAD, BHARTHIDASAN NAGAR, MUDALIYARPET, PUDUCHERRY
605 004
R1 BY ADV.M.R.JAYALATHA
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:29:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.452 OF 2020
AGAINST THE JUDGMENT IN WP(C) 25979/2018(V) OF HIGH COURT OF
KERALA DATED 26/7/2019
APPELLANTS/RESPONDENTS 1, 2, 4 & T IN THE WPC:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, TAXES
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM.
2 THE REGIONAL TRANSPORT OFFICER
KANNUR.
3 THE DEPUTY TRANSPORT COMMISSIONER
KOZHIKODE.
4 TRANSPORT COMMISSIONER
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER & 3RD RESPONDENT IN THE WPC:
1 DINESH NAMBIAR P. M.
S/O. DAMODARAN NAMBIAR, BUSINESS PROPRIETOR, M/S.
ARAVIND ENTERPRISES, MAHE (UNION TERRITORY OF
PUDUCHERRY), PERMANENTLY RESIDING AT 'VRINDAVAN',
NEAR WEAVER'S SOCIETY, IRINAV - 670 301,
KALLYASSERY, KANNUR DIST., KERALA.
WA No.2242/2019 & conn.cases
-:30:-
2 THE ASST. REGISTERING AUTHORITY
UNDER M. V. ACT, MAHE-673310.
R1 BY ADV. SRI.K.S.AJAYAGHOSH
R1 BY ADV. SRI.P.K.RAVI KRISHNAN
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:31:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.590 OF 2020
AGAINST THE JUDGMENT IN WP(C) 20194/2018(Y) OF HIGH COURT OF
KERALA DATED 26/7/2019
APPELLANTS/RESPONDENTS 1, 2, 4 & 5 IN THE WPC:
1 THE SECRETARY, TRANSPORT DEPARTMENT
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE REGIONAL TRANSPORT OFFICER,
MUVATTUPUZHA, ERNAKULAM DISTRICT-686 669.
3 THE DEPUTY TAHSILDAR, MUVATTUPUZHA,
ERNAKULAM DISTRICT, PIN-686 661.
4 THE VILLAGE OFFICER, VELLOORKUNNAM VILLAGE,
MUVATTUPUZHA-686 673.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER & 3RD RESPONDNET IN THE WPC:
1 YAHIYA
S/O.SEETHY, THOTTATHIKUDIYIL HOUSE, MARKET POST,
URAVAKUZHY, MUVATTUPUZHA, VELLORKUNNAM,
ERNAKULAM DITRICT-686 673.
2 THE ASSISTANT REGISTERING AUTHORITY,
PONDICHERY, PIN-605 001.
R1 BY ADV. SRI.PAUL K.VARGHESE
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:32:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.668 OF 2020
AGAINST THE ORDER/JUDGMENT IN WP(C) 20086/2018(I) OF HIGH COURT
OF KERALA DATED 26/7/2019
APPELLANTS/RESPONDENTS IN THE WPC:
1 THE TRANSPORT COMMISSIONER,
TRANSPORT COMMISSIONERATE, VAZHUTHACADU,
THIRUVANANTHAPURAM - 695 014.
2 THE DEPUTY TRANSPORT COMMISSIONER
CENTRAL ZONE I, LI FLOOR, CIVIL STATION AYYANTHOLE
(P.O.), THRISSUR - 680 003.
3 JOINT REGIONAL TRANSPORT OFFICER
MINI CIVIL STATION, IRINJALAKUDA,
THRISSUR - 680 121.
4 ASSISTANT MOTOR VEHICLE INSPECTOR
IRINJALAKUDA, THRISSUR - 680 121.
5 THE DEPUTY TAHSILDAR
MUKUNDAPURAM TALUK OFFICE,
MUKUNDAPURAM, THRISSUR - 680 733.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENT/PETITIONER IN THE WPC:
SANTHOSH C.D.
S/O.DAMODHARAN, CHERAKULAM HOUSE, IRINJALAKUDA
NORTH, THRISSUR - 680 121.
BY SRI.N.B.ANOOP
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-10-2020,
ALONG WITH WA.2455/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:33:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.695 OF 2020
AGAINST THE JUDGMENT IN WP(C) 16037/2018(D) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENTS 1 TO 3 IN THE WPC:
1 THE JOINT REGIONAL TRANPORT OFFICER
THODUPUZHA - 688554,
2 THE TRANSPORT COMMISSIONER,
TRANS TOWERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695014,
3 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT
OF FINANCE, ROOM NO.131, II FLOOR, NORTH BLOCK,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -
695001.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER & R4 IN THE WPC:
1 RAUN JOSEPH GEORGE
S/O. GEORGE, PROPRIETOR, M/S. MARIYA TRANSPORT,
THODUPUZHA P O, THODUPUZHA, IDUKKI, NOW RESIDING AT
NO.40 LIBRARY STREET, MURUNGAPAKKAM, PONDICHERRY,
PUDUCHERRY-605004,
2 THE REGIONAL TRANPORT OFFICER,
PUDUCHERRY-605001.
R1 BY SRI.G.HARIHARAN
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-10-2020,
ALONG WITH WA.668/2020 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:34:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.702 OF 2020
AGAINST THE JUDGMENT IN WP(C) 37452/2018(F) OF HIGH COURT OF
KERALA DATED 26/7/2019
APPELLANTS/RESPONDENTS 1 TO 5 IN THE WPC:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001
2 THE TRANSPORT COMMISSIONER,
TRANS TOWER, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695014
3 THE JOINT RTO,
POERUMBAVUR, SUB RTO OFFICE, IRINGOLE.P.O.,
PERUMBAVUR, ERNAKULAM DISTRICT, PIN-683548
4 THE DISTRICT COLLECTOR,
ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM
DISTRICT, PIN-682030
5 THE VILLAGE OFFICER,
PERUMBAVUR, PERUMBAVUR,
ERNAKULAM DISTRICT PIN-683542
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER & 6TH RESPONDENT IN THE WPC:
1 ALFA SAIDUMOHAMMED NAZEER
W/O.SAIDUMOHAMMED NAZEER, H.NO.1/2030-A,
KUNNUMPURAM, FORT KOCHI PO, ERNAKULAM, KERALA
STATE, INDIA, PIN-682001, NOW RESIDNG AT TAWAR
COMPOUND, VILLA 39, P.O.BOX NO.60594, DOHA, STATE
WA No.2242/2019 & conn.cases
-:35:-
OF QATAR, REPRESENTED BY HER POWER OF ATTORNEY
HOLDER MR.NASEER.P.K., S/O.PUTHIRI BAVA
KOCHUPAREED, PUTHIRI HOUSE, RAYONPURAM.P.O,
PERUMBAVUR, ERNAKULAM DISTRICT, KERALA STATE, INDIA
PIN-683543
2 THE REGIONAL TRANSPORT OFFICER,
(RTO) OFFICE OF THE RTO, 100 FEET ROAD,
BHARATIDASAN NAGAR, MUDALIARPET, PUDUCHERRY, PIN-
605004
R1 BY ADV. DR.SEBASTIAN CHAMPAPPILLY
R1 BY ADV. SRI.P.A.SAINUDEEN
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-10-2020,
ALONG WITH WA.668/2020 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:36:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.748 OF 2020
AGAINST THE JUDGMENT IN WP(C) 22936/2018(N) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENTS IN THE WPC:
1 THE REGIONAL TRANSPORT OFFICER,
ERNAKULAM, PIN 682 030
2 TRANSPORT COMMISSIONER,
TRANS TOWER, VAZHUTHACAUD,
THIRUVANANTHAPURAM 695 001
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENT/PETITIONER IN THE WPC:
1 ZEENATH NAZAR,
W/O. ABDUL NAZAR, 22/40, VILLA RETREAT, NOYCE ROAD,
KODAIKANAL, DINDUGAL, TAMIL NADU 624 101
BY ADV.SRI.PEEYUS A. KOTTAM
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:37:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.768 OF 2020
AGAINST THE JUDGMENT IN WP(C) 16080/2018(H) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENTS 1 TO 3 IN THE WPC:
1 THE JOINT REGIONAL TRANSPORT OFFICER,
THODUPUZHA, THODUPUZHA-688554
2 THE TRANSPORT COMMISSIONER,
TRANS TOWES, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695014.
3 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT
OF FINANCE, ROOM NO.131, II FLOOR, NORTH BLOCK,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPRUAM-695001
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER & R4 IN THE WPC:
1 GEORGE JOSEPH,
S/O.JOSEPH, NEDUMPARA HOUSE, THODUPUZHA.P.O,
THODUPUZHA, IDUKKI, NOW RESIDING AT NO.40, LIBRARY
STREET, MURUNGAPAKKAM, PONDICHERRY, PUDUCHERRY-
605004
2 THE REGIONAL TRANSPORT OFFICER,
PUDUCHERRY-605001
R1 BY ADV. SRI. G.HARIHARAN (B/O)
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-10-2020,
ALONG WITH WA.668/2020 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:38:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.787 OF 2020
AGAINST THE JUDGMENT IN WP(C) 25170/2018(U) OF HIGH COURT OF
KERALA DATED 16/7/2019
APPELLANTS/RESPONDENTS 1 TO 3 IN THE WPC:
1 SECRETARY TO GOVERNMENT,TRANSPORT
DEPARTMENT,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE TRANSPORT COMMISSIONER,
TRANS TOWERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695 014.
3 THE REGIONAL TRANSPORT OFFICER AND THE REGISTERING
AUTHORITY, OFFICE OF THE
REGIONAL TRANSPORT OFFICER,2ND FLOOR,
CIVIL STATION, COCHIN-682 030.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER & ADDL.R4 IN THE WPC:
1 PAPER EXIM PVT.LTD.,
REPRESENTED BY ITS MANAGING DIRECTOR ASHOK KUMAR
BARATIA,S/O.GAUIR SHANKAR BARATIA,
4A, 1 RDS AVENUE ONE, NERAR PASSPORT
OFFICE,PANAMPILLY NAGAR,ERNAKULAM,
PIN-682036 ,
HAVING BRANCH OFFICE AT 1ST FLOOR, NO.17,
PERIYAPALAYATHAMMAN KOIL STREET,LAKSHMI NAGAR
EXTN., LAWSPET,PUDUCHERRY-605 008.
WA No.2242/2019 & conn.cases
-:39:-
2 THE REGIONAL TRANSPORT OFFICER,
(RTO) OFFICE OF THE (RTO), 100 FEET
ROAD,BHARATIDASAN NAGAR,MUDALIARPET,PUDUCHERRY,
PIN-605 004.
R1 BY ADV. DR.SEBASTIAN CHAMPAPPILLY
R1 BY ADV. SRI.P.A.SAINUDEEN
R1 BY ADV. DR.ABRAHAM P.MEACHINKARA
R1 BY ADV. SRI.GEORGE CLEETUS
R1 BY ADV. SMT.MARGARET MAUREEN DROSE
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:40:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.788 OF 2020
AGAINST THE JUDGMENT DATED 16.07.2019 IN WP(C) 30163/2018(U) OF
HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS IN THE WPC:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF
TRANSPORT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT OFFICE, CIVIL STATION, KAKKANAD,
ERNAKULAM, PIN-682030.
3 THE ADDITIONAL REGISTERING AUTHORITY
REGIONAL TRANSPORT OFFICE, CIVIL STATION, KAKKANAD,
ERNAKULAM, PIN-682030.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENT/PETITIONER IN WPC:
DIVYA PAUL.C
DIRECTOR, M/S. DEEDI RESORTS PVT LTD, LAKE VIEW
ROAD, PUDUKKUPPAM ROAD, NALLAVAD POST, PONDICHERRY
- 605007, HAVING PERMANENT RESIDENCE AT FLAT NO.3D,
ORCHID COURTS APARTMENTS, PANCHAVADI, VYTTILLA P O,
ERNAKULAM.
BY ADV. SMT.R.MANEESHA
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:41:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.792 OF 2020
AGAINST THE JUDGMENT DATED 16.07.2019 IN WP(C) 20739/2018(N) OF
HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 1 TO 3 IN WPC:
1 JOINT REGIONAL TRANSPORT OFFICER 1ST FLOOR, THAMMAN
COMPLEX, ANGAMALY-COCHIN AIRPORT ROAD, ANGAMALY,
ERNAKULAM, 683572.
2 THE REGIONAL TRANSPORT OFFICER
REGIONAL TRANSPORT OFFICE, KAKKANAD, KERALA-682030.
3 THE TRANSPORT COMMISSIONER,
OFFICE OF THE TRANSPORT COMMISSIONER, TRANS TOWER,
VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN-695014.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER & R4 IN WPC:
1 FATHIMA ABDULKHADER, W/O. ABDUL KHADER, NO.11,
SIXTH CROSS STREET, ANNA NAGAR, NELLITHOPPE,
PONDICHERRY-605005, HAVING RESIDENCE AT MUNDETH
HOUSE, MEKKALADY, KALADY, ERNAKULAM-683574.
2 THE REGIONAL TRANSPORT OFFICER (RTO), 100 FEET
ROAD, OPPOSITE BUS STOP, MUDALIARPER, MUDUCHERRY-
605004.
R1 BY ADV. SRI.TONY THOMAS (INCHIPARAMBIL)
R1 BY ADV. SRI.P.THOMAS GEEVERGHESE, SRI.E.S.FIROS
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-10-2020,
ALONG WITH WA.668/2020 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:42:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.819 OF 2020
AGAINST THE JUDGMENT DATED 26.07.2019 IN WP(C) 31394/2018(Y) OF
HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 1 & 2 IN WPC:
1 THE TRANSPORT COMMISSIONER
TRANSPORT COMMISSIONERATE, TRANS TOWER, 2ND FLOOR,
VAZHUTHACADU, THIRUVANANTHAPURAM-695014
2 REGIONAL TRANSPORT OFFICER,
OFFICE OF THE RTO, PALAKKAD-678001
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER & ADDL.R3 IN WPC:
1 DEVI P.
W/O.V.M.RADHAKRISHNAN, 18/714, 'NINEETHITHA', D P O
ROAD, YAKKARA, PALAKKAD-678014
2 THE REGIOINAL TRANSPORT OFFICER,
OFFICE OF THE RTO, 100 FEET ROAD, BHARATHIDASAN
NAGAR, MUDALIARPET, PUDUCHERRY-605004
ADV. K. ANAND FOR R1
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:43:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.826 OF 2020
AGAINST THE JUDGMENT DATED 16.07.2019 IN WP(C) 21622/2018(C) OF
HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 1 & 2 IN WPC:
1 THE TRANSPORT COMMISSIONER
OFFICE OF THE TRANSPORT COMMISSIONER, TRANS TOWER,
VAZHUTHACAUD, THIRUVANANTHAPURAM-695 014
2 THE REGIONAL TRANSPORT OFFICER (TAXATION OFFICER),
ERNAKULAM-682 030
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER & 3RD RESPONDENT IN WPC:
1 K.PRADEEP KUMAR
11-D,SILVER OAK, SKYLINE CITY PARK, JAWAHAR NAGAR,
KADAVANTHRA, COCHIN-682 020
2 THE ASSISTANT REGISTERING AUTHORITY,
PUDUCHERRY-605 001
R1 BY ADV. SRI.P.FAZIL, P. DEEPAK
R1 BY ADV. SRI.V.S.SREEJITH
R1 BY ADV. SMT.JAYASREE MANOJ
R1 BY ADV. SRI.SAJU THALIATH
R1 BY ADV. SRI.JITHIN PAUL VARGHESE
R1 BY ADV. SMT.ANN MARY FRANCIS
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:44:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.882 OF 2020
AGAINST THE JUDGMENT DATED 16.07.2019 IN WP(C) 27303/2018(K) OF
HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 1 & 2 IN WPC:
1 THE SECRETARY
TRANSPORT DEPARTMENT , GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE REGIONAL TRANSPORT OFFICER,
KASARAGOD, KASARAGOD DISTRICT-671 123.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER & R3 IN WPC:
1 AYSHATH JAMSEENA
D/O KALANAD MOHAMMED HAMEED, HOUSE NO 14/358,
KOMPANAPARA HOUSE, KALANAD P.O.KASARAGOD TALUK,
KASARAGOD DISTRICT-671 317, REPRESENTED BY HER
POWER OF ATTORNEY HOLDER SRI.BANAS, S/O ABUBACKER,
ARAYANKALAYIL HOUSE, PEZHAKAPPILLY
P.O.MUVATTUPUZHA, ERNAKULAM DISTRICT.
2 THE ASSISTANT REGISTERING AUTHORITY,
PONDICHERRY-673 310.
R1 BY SRI. PAUL K VARGHESE
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:45:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.887 OF 2020
AGAINST THE JUDGMENT DATED 16.07.2019 IN WP(C) 18304/2018(K) OF
HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 1 & 2 IN WPC:
1 THE TRANSPORT COMMISSIONER
TRANSPORT COMMISSIONERATE, TRANS TOWERS, 2ND FLOOR,
VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA 695 014
2 THE REGIONAL TRANSPORT OFFICER,
OFFICE OF THE R T O, PALAKKAD 678 001
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER & ADDL. R3 IN WPC:
1 NITHIN R.
S/O. V.M RADHAKRISHNAN, 18/714, NINEETITHA, D P O
ROAD, YAKKARA, PALAKKAD 678 701
2 THE REGIONAL TRANSPORT OFFICER,
OFFICE OF THE R.TO. 100 FEET RD, BHARATHIDASAN
NAGAR, MUDALIYARPET, PUDUCHERRY-60 5004.
R1 BY SRI. K. ANAND
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:46:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.901 OF 2020
AGAINST THE JUDGMENT DATED 16.07.2019 IN WP(C) 24873/2018(H) OF
HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS IN WPC:
1 TRANSPORT COMMISSIONER
TRANSPORT DEPARTMENT, TRANS TOWERS,VAZHUTHACAUD,
THIRUVANANTHAPURAM-695 014
2 THE REGIONAL TRANSPORT OFFICER,
PALAKKAD-678 001
3 JOINT REGIONAL TRANSPORT OFFICER AND ADDITIONAL
REGISTERING AUTHORITY,
ALATHUR, PALAKKAD DISTRICT-6800 01
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENT/PETITIONER:
MOHAMMED FAYIZ K.M.
S/O. MUHAMMED NASSSER, K.M.MANZIL, MATTUKADE,
KUZHALMANNAM, PALAKKAD-678 702
BY SRI. O.D. SIVADAS
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 08-10-2020,
ALONG WITH WA.2242/2019 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:47:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.927 OF 2020
AGAINST THE JUDGMENT DATED 16.07.2019 IN WP(C) 21347/2018(P) OF
HIGH COURT OF KERALA
APPELLANT/RESPONDENTS 1 TO 3 IN WPC:
1 THE STATE TRANSPORT COMMISSIONER
TRANS TOWER, VAZHUTHACADU,
THIRUVANANTHAPURAM - 695 014.
2 THE DEPUTY TRANSPORT COMMISSIONER
SOUTH ZONE, THIRUVANANTHAPURAM.
3 THE JOINT REGIONAL TRANSPORT OFFICER
THE REGIONAL TRANSPORT OFFICE, KAYAMKULAM.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER & 4TH RESPONDENT IN WPC:
1 AKHIL DEV
S/O. SOMAN, AKHILAM, PUTHIYAVILA P. O.,
KAYAMKULAM - 690 531.
2 THE ASSISTANT REGISTERING AUTHORITY
PUDUCHERRY - 605 001.
R1 BY ADV. SRI.K.R.SUNIL
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-10-2020,
ALONG WITH WA.668/2020 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:48:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
&
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF NOVEMBER 2020 / 28TH KARTHIKA, 1942
WA.No.972 OF 2020
AGAINST THE JUDGMENT DATED 16.7.2019 IN WP(C) 20515/2018(L) OF
HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 1 & 2 IN WPC:
1 JOINT REGIONAL TRANSPORT OFFICER
REGIONAL TRANSPORT OFFICE, KANNUR-670 002.
2 STATE OF KERALA
REPRESENTED BY TRANSPORT COMMISSIONER, TRIVANDRUM-
695 001.
BY SRI. P. RAVINDRANATH-SPL.G.P.
RESPONDENTS/PETITIONER & R3 IN WPC:
1 P.V.AKHIL
MANAGING DIRECTOR, FAST LINE PROJECTS PVT,LTD.,
RESIDING AT AMRITHA, AMBILAD, NIRMALGIRI POST,
MANGATTIDAM, KANNUR DISTRICT.
2 THE REGIONAL TRANSPORT OFFICER,
REGIONAL TRANSPORT OFFICE,
PONDICHERRY 605 001.
R1 BY T. REMESH BABY
SRI. C.K. SREEJITH
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 16-10-2020,
ALONG WITH WA.668/2020 AND CONNECTED CASES, THE COURT ON 19-11-
2020 DELIVERED THE FOLLOWING:
WA No.2242/2019 & conn.cases
-:49:-
"C.R."
JUDGMENT
[WA Nos.2242, 2406, 2411, 2422, 2428, 2429, 2434, 2436, 2448, 2455, 2456, 2457, 2459, 2460, 2469, 2472, 2474, 2479, 2492, 2503, 2514, 2554, 2555/2019 14, 35, 71, 452, 590, 668, 695, 702, 748, 768, 787, 788, 792, 819, 826, 882, 887, 901, 927 & 972/2020] Dated this the 19th day of November, 2020 Shaffique, J.
These appeals have been filed by the officers of the State challenging judgment of the learned Single Judge disposing of the writ petitions filed by party respondents by issuing the following directions:-
"37. As a result of my above discussion I summarise my judgment on the issues noted above as follows:
(a) Section 3(6) of Motor Vehicles Taxation Act, 1976 is within the competence of State legislature and Section 3(6) is not in any manner repugnant to Chapter IV of Motor Vehicles' Act, 1988 or ultra vires Act 1976. Section 3(6) therefore is valid and legal.
(b) The registration of a non-transport vehicle and payment of registration fee under Act 1988 or payment of motor vehicle tax under a State legislature continues to be valid so long as the vehicle is kept and used in the State in which it is registered. These vehicles if enter State of Kerala and stay beyond the period stipulated by the State enactment, the vehicle is required to pay vehicle tax as per Section 3(6) read with Annexure III of Schedule of Act 1976.
WA No.2242/2019 & conn.cases -:50:-
(c) The impugned orders calling upon the petitioners to register the subject vehicles in State of Kerala and pay life tax are set aside as illegal, arbitrary and violative of principles of natural justice, the matters are restored to the file of respective Regional Transport Officer/ respondents for consideration and disposal by keeping in view the principles stated supra.
(d) The writ petitions filed challenging show cause notices are given four weeks' time from the date of receipt of copy of this judgment to file objections against proposed tax levy and are entitled to show that, firstly, the vehicle is not kept for use in State of Kerala beyond thirty days and, alternatively, vehicle is not at all used or kept for use in State of Kerala. The objection raised against proposed action is examined in detail and orders as are warranted by the circumstances of the case are passed. Respondents keeping in view the scope, character and purpose of incidence of vehicle tax, consider the objections and pass detailed orders, in all the matters now restored to file as well as where time is granted for filing objections to show cause notice." After a common judgment was delivered in WP(C) No. 33231/2018 and connected cases, similar matters were disposed of on the basis of the said judgment.
2. A batch of appeals came up for hearing and in matters where service has been complete, we heard the learned counsel appearing on either side. We have also requested the learned counsel appearing in other cases in which the appeals were being WA No.2242/2019 & conn.cases -:51:- filed, and in cases where service of notice are not complete, to address their arguments as well.
3. The factual aspects involved in these matters are short. The writ petitioners are persons who had purchased their vehicles from the Union territory of Puducherry. Alleging that those vehicles are plying in the State of Kerala, steps were taken by the respective Regional Transport Authorities in the State to cancel their registration. Notices in that regard had been issued by the Regional Transport Authorities to the writ petitioners and to conduct an enquiry in that regard which came to be challenged in separate writ petitions. According to the Regional Transport Authorities, the petitioners had produced false and fabricated documents to register the vehicles at Puducherry and the vehicles were not normally kept at Puducherry whereas the vehicles are normally kept in the State of Kerala. It is the contention of the State that the intention of the petitioners is only to evade payment of motor vehicles tax at the time of registration as provided under Motor Vehicles Taxation Act, 1976 (hereinafter referred as 'the Taxation Act'). In the process, petitioners also challenged Section 3(6) of the Taxation Act.
4. The learned Single Judge while rejecting the challenge WA No.2242/2019 & conn.cases -:52:- to Section 3(6) of the Taxation Act, held that the impugned orders calling upon the petitioners to register the vehicles in the State of Kerala and pay life tax are illegal, arbitrary and violative of principles of natural justice. All the matters were restored to the files of the respective Regional Transport Officers for fresh consideration and disposal. It was also held that the writ petitioners have to file their objections to the show cause notices within four weeks against the proposed levy of tax and they were entitled to show that the vehicles are not kept for use in Kerala beyond 30 days and alternatively the vehicle is not at all used or kept for use in State of Kerala.
5. The learned Special Government Pleader while impugning the aforesaid judgment submits that the only question that is required to be considered in the matter is regarding the finding of the learned Single Judge with reference to S.55 of the Motor Vehicles Act, 1988 (hereinafter referred as the 'MV Act'). The learned Single Judge held at paragraph 30.7 that the Transport Department of State of Kerala and its officers do not have jurisdiction under S.55(5) of the MV Act, to cancel the registration effected and completed in the Union Territory of Puducherry. He argued that the scheme of the statute permitted WA No.2242/2019 & conn.cases -:53:- any registering authority, anywhere in India, to conduct an enquiry, in a place where the vehicle is normally kept, to ascertain whether the registration was obtained from any other registering authority, by producing either false documents or by misrepresentation of facts, and if the said authority is so satisfied, it has the power to cancel the registration. But the certificate of registration can be cancelled only by the original registering authority on intimation from the concerned registering authority who cancels the registration.
6. On the other hand, learned counsel appearing on behalf of the respondents/writ petitioners would submit that the provisions of Section 55 (5) of the MV Act cannot be invoked by "any registering authority", which is rather clear from the use of the word "a registering authority" and "the registering authority"
used in sub-section (5) of Section 55. It is argued that the registering authority in the State of Kerala cannot consider the validity of documents produced by the petitioners before the registering authority of another State or Union Territory.
7. Apparently, in the judgments which are impugned herein, the learned Single Judge had proceeded to consider the scope of S.55(5) and had restricted the right of the Regional WA No.2242/2019 & conn.cases -:54:- Transport Authorities in the State of Kerala to take any action for cancellation of registration in respect of vehicles which are already registered in the State of Puducherry.
8. Insofar as the State's challenge is only in respect of the jurisdictional authority of the registering authorities of the State to invoke power under Section 55(5) with reference to vehicles registered in another State/Union Territory, we do not think that we should go into the factual background of each and every case as the scope of appeal is very limited.
9. S.40 of the MV Act reads as under:-
"40. Registration, where to be made.--Subject to the provisions of section 42, section 43 and section 60, every owner of a motor vehicle shall cause the vehicle to be registered by a registering authority in whose jurisdiction he has the residence or place of business where the vehicle is normally kept".
A bare reading of S.40 indicates that every owner of a motor vehicle has to register the vehicle before a registering authority in whose jurisdiction he has the residence or place of business where the vehicle is normally kept. Therefore, the place of registration apparently is with reference to the place where the vehicle is normally kept. It may be either his place of residence or place of business.
WA No.2242/2019 & conn.cases -:55:-
10. S.46 of the MV Act reads as under:-
"46. Effectiveness in India of registration.--Subject to the provisions of Section 47, a motor vehicle registered in accordance with this Chapter in any State shall not require to be registered elsewhere in India and a certificate of registration issued or in force under this Act in respect of such vehicle shall be effective throughout India."
Section 46 of course is subject to S.47. S.47 relates to a situation where a motor vehicle registered in one State has been kept in another State, for a period exceeding twelve months in which event the owner of the vehicle is obliged to apply to the registering authority, within whose jurisdiction the vehicle then is, for the assignment of a new registration mark and he shall present the certificate of registration to that registering authority. For that purpose, either the owner will have to get a no objection certificate as contemplated u/s 48 from the Registering Authority who had issued a certificate of registration or should take steps as contemplated under the said provision. If there is failure to do so, S.47(5) indicates that action could be taken against the owner in terms of S.177.
11. S.49(1) of the MV Act reads as under:-
"49. Change of residence or place of business: (1) If the owner of a motor vehicle ceases to reside or have his place of business at the address recorded in the certificate WA No.2242/2019 & conn.cases -:56:- of registration of the vehicle, he shall, within thirty days of any such change of address, intimate in such form accompanied by such documents as may be prescribed by the Central Government, his new address, to the registering authority by which the certificate of registration was issued, or, if the new address is within the jurisdiction of another registering authority, to that other registering authority, and shall at the same time forward the certificate of registration to the registering authority or, as the case may be, to the other registering authority in order that the new address may be entered therein."
If there is failure to comply with S.49(1), it entails action u/s 177 of the Act.
12. S.55 of the Act as it then was relates to cancellation of registration under various circumstances, which reads as under:-
"55. Cancellation of registration.--(1) If a motor vehicle has been destroyed or has been rendered permanently incapable of use, the owner shall, within fourteen days or as soon as may be, report the fact to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward to the authority the certificate of registration of the vehicle.
(2) The registering authority shall, if it is the original registering authority, cancel the registration and the certificate of registration, or, if it is not, shall forward the report and the certificate of registration to the original registering authority and that authority shall cancel the registration. (3) Any registering authority may order the examination of a motor vehicle within its jurisdiction by such authority as the WA No.2242/2019 & conn.cases -:57:- State Government may by order appoint and, if upon such examination and after giving the owner an opportunity to make any representation he may wish to make (by sending to the owner a notice by registered post acknowledgment due at his address entered in the certificate of registration), it is satisfied that the vehicle is in such a condition that it is incapable of being used or its use in a public place would constitute a danger to the public and that it is beyond reasonable repair, may cancel the registration. (4) If a registering authority is satisfied that a motor vehicle has been permanently removed out of India, the registering authority shall cancel the registration.
(5) If a registering authority is satisfied that the registration of a motor vehicle has been obtained on the basis of documents which were, or by representation of facts which was, false in any material particular, or the engine number or the chassis number embossed thereon are different from such number entered in the certificate of registration, the registering authority shall after giving the owner an opportunity to make such representation as he may wish to make (by sending to the owner a notice by registered post acknowledgment due at his address entered in the certificate of registration), and for reasons to be recorded in writing, cancel the registration. (6) A registering authority cancelling the registration of a motor vehicle under section 54 or under this section shall communicate such fact in writing to the owner of the vehicle, and the owner of the vehicle shall forthwith surrender to that authority the certificate of registration of the vehicle. (7) A registering authority making an order of cancellation under section 54 or under this section shall, if it is the original registering authority, cancel the certificate of registration and the entry relating to the vehicle in its records, and, if it is not WA No.2242/2019 & conn.cases -:58:- the original registering authority, forward the certificate of registration to that authority, and that authority shall cancel the certificate of registration and the entry relating to the motor vehicle in its records.
(8) The expression "original registering authority" in this section and in sections 41, 49, 50, 52, 53 and 54 means the registering authority in whose records the registration of the vehicle is recorded.
(9) In this section "certificate of registration" includes a certificate of registration renewed under the provisions of this Act."
The statute uses the words 'the registering authority', 'any registering authority' and 'a registering authority' in different sub sections of S.55. S.2(37) defines 'registering authority' as meaning, an authority empowered to register motor vehicles under Chapter IV, which includes Section 55, as well.
13. On a bare reading of S.55, it is rather clear that the registering authority can cancel the registration of a vehicle under various circumstances. As per sub-section (1) of S.55, when a motor vehicle is destroyed or rendered permanently incapable of use, the owner has to report the said fact to the registering authority within whose jurisdiction he has his residence or place of business, where the vehicle is normally kept, and shall also forward to the authority the certificate of registration of the vehicle. Sub section (2) provides that, if the WA No.2242/2019 & conn.cases -:59:- report is received by the original registering authority, he can cancel the registration and the certificate of registration. If it is not the original registering authority, he shall forward the report and the certificate of registration to the original registering authority in which event that authority shall cancel the registration. Therefore, even if a vehicle is registered within the jurisdiction of another registering authority, if the vehicle is destroyed or rendered permanently incapable of use, the obligation of the owner is to inform the registering authority within the jurisdiction of his place of residence or place of business where the vehicle is normally kept along with the certificate of registration. If the said authority is not the original registering authority, he shall forward a report to the original registering authority and the said authority will cancel the registration. Sub-section (3) contemplates a suo motu power to be exercised by any registering authority, if it is found on examination of a motor vehicle plying within its jurisdiction, and after notice to the owner of the vehicle, if he is satisfied that the vehicle is in a condition that it is incapable of being used in a public place and would be a danger to the public and it is beyond repair, he can cancel the registration. Sub-section (4) of S.55 WA No.2242/2019 & conn.cases -:60:- contemplates yet another situation when a registering authority is satisfied that a motor vehicle has been permanently removed out of India, it shall cancel the registration. Here also, the word used is 'a registering authority'.
14. Sub-section (5) contemplates a different situation, which enables the registering authority to cancel the registration of a motor vehicle. If a registering authority is satisfied that the registration of a motor vehicle has been obtained on the basis of documents which were false in any material particular or by representation of facts which again was false in any material particular, the said registering authority shall, after giving the owner an opportunity to make such representation, cancel the registration. Action can also be taken if it is found that the engine number or chassis number differs from what is mentioned in the certificate of registration. Sub-section (6) of S.55 requires the registering authority cancelling the registration to communicate the said fact to the owner of the vehicle, and the owner has to provide the certificate of registration of the vehicle to the said authority. Sub-section (7) of S.55 further provides that a registering authority making an order of cancellation under Section 54 or "under this section" i.e., S.55, shall, if it is the WA No.2242/2019 & conn.cases -:61:- original registering authority, cancel the certificate of registration and the entry relating to the vehicle in its records, and, if it is not the registering authority, forward the certificate of registration to that authority, and that authority shall cancel the certificate of registration and the entry relating to the motor vehicle in its records. Sub-section (8) further indicates that the expression "original registering authority" means the registering authority in whose records the registration of the vehicle is recorded.
15. There cannot be any dispute about the fact that the original registering authority in these cases is the Regional Transport Authority at Puducherry. The question is, whether any other registering authority can conduct an enquiry with reference to any matters specified under sub-section (5).
16. Now coming to sub-section (5), again it starts with the words 'if a registering authority is satisfied'. We are of the view that sub-section (7) clarifies the point in dispute. It starts with the words 'a registering authority' making an order of cancellation and further indicates that "if it is the original registering authority", it can cancel the certificate of registration and the entry relating to the vehicle in its records. If it is not the original registering authority, it shall forward the certificate of WA No.2242/2019 & conn.cases -:62:- registration to that authority, and that authority shall cancel the certificate of registration and the entry relating to the motor vehicle in its records.
17. Apparently, sub-section (7) provides a procedure where the registering authority who passes an order of cancellation is either the original registering authority or it is not the original registering authority. S.55(1) contemplates a situation, where the vehicle is either destroyed or incapable of use and the procedure is mentioned under S.55(2). S.55(3) and (4) contemplates two different situations and the authority "any registering authority"
appearing under sub-section (3) and "a registering authority"
under sub-section (4) is only to "cancel the registration". Sub- section (7) applies in such instances, which differentiates between "an order of cancellation" and "cancel the certificate of registration and entry relating to the vehicle in its records". The distinction is only this. Any registering authority could make an order of cancellation. But the certificate of registration and the entry relating to the vehicle in its records can be cancelled only by the original registering authority.
18. It is permissible for a vehicle registered in one State to be used in any other State, but of course subject to the statutory WA No.2242/2019 & conn.cases -:63:- restrictions and compliance of local laws. For that reason itself, we cannot ascribe to the view that proceedings under S.55(5) could be initiated only by the original registering authority, and especially in the light of sub-section (7), which clarifies the jurisdictional fact.
19. It is pointed out by the counsel for petitioners that the original registering authorities were satisfied about their credentials at the time of registration and therefore another registering authority cannot overturn the said finding of fact. Validity of the materials relied upon at the time of registration are questions of fact, and it is possible that the original registering authority had placed reliance upon it and registered the vehicle. As already stated, a vehicle can be registered at a place where a person has his/her residence or place of business, where the vehicle is normally kept. Suppose a person's place of residence and business was in the State of Kerala and the vehicle is normally kept in the State, and if it is found that he has no place of residence or business in the place of original registering authority, it is a matter which requires enquiry in terms, with Section 55(5). Such enquiry can be conducted only by the registering authority, where the vehicle is normally kept, and the WA No.2242/2019 & conn.cases -:64:- said authority will have the jurisdiction to cancel the registration. Once such an order is passed, cancellation of certificate of registration and entry relating to the motor vehicle from the register can be made only by the original registering authority.
20. In the light of the aforesaid discussion, we are of the view that the learned Single Judge was not justified in arriving at a conclusion that the Transport Authorities of State of Kerala can only conduct an enquiry and if it is found that the record of the very registration is vitiated, report can be forwarded to the original registering authority under S.55(5) and it is for the said authority to conduct enquiry and cancel the registration. An apparent mistake that has arisen in the matter is on the understanding of the words 'making an order of cancellation' and cancelling the 'certificate of registration and the entry relating to the motor vehicle' in its records. An order of cancellation can be made by any registering authority if it is satisfied that any of the situations as described under sub-section (5) of S.55 is brought to the notice of the registering authority and if he is satisfied on enquiry that such a condition exists. Once the order of cancellation is made, it shall be forwarded to the original registering authority to enable that authority to 'cancel the WA No.2242/2019 & conn.cases -:65:- certificate of registration' and the 'entry relating to the motor vehicle' in its records.
In the result, the appeals are allowed setting aside the judgment of the learned Single Judge to the limited extent as discussed earlier.
Sd/-
A.M.SHAFFIQUE JUDGE Sd/-
GOPINATH P.
Rp True Copy JUDGE
PS to Judge