IMPORTANT POINT
" The petitioner has not obtained any sanction under Rule 191 of the KMV Rules for the purpose of displaying any advertisements, figures or writings on her contract carriage-It is for the petitioner to remove all such figures, writings, etc., exhibited on her vehicle with an object to invite public attention and to promote her contract carriage service, and maintain the paintwork of her transport vehicle in a clean and sound condition, as contemplated by Rule 264 of the KMV Rules.
" The petitioner shall also maintain the safety glasses of her vehicle as per the specifications prescribed under Rule 100 of the CMV Rules; display the registration marks as prescribed by Rules 50 and 51 of the CMV rules; exhibit the name and address of the operator as specified in clause (g) of Section 84 of the MV Act; exhibit the particulars enumerated in clauses (a) to (g) of Rule 93 of the KMV Rules; etc

1. The petitioner is the registered owner of a contract carriage bearing registration No.KL-02/AM-8383, covered by Ext.P1 contract carriage permit, which is valid till 03.01.2023, in all fit roads in Kerala State, except those prohibited by any law in force. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P4 Circular No.11/2016 dated 12.04.2016 of the 1st respondent Transport Commissioner; a declaration that painting of figures and photos in vehicles does not amount to advertisement and as such, no fee is liable to be levied as per Rule 191 of the Kerala Motor Vehicle Rules, 1989; and a writ of mandamus commanding the 2nd respondent Regional Transport Officer, Alappuzha to release the original certificate of registration and permit of contract carriage bearing Registration No.KL-02/AM-8383, without insisting compounding of Ext.P2 check report dated 03.02.2018 of the Assistant Motor Vehicle Inspector, Alappuzha, untrammeled by Ext.P2 check report and Ext.P4 circular. The document marked as Ext.P3 is a photograph of the petitioner's contract carriage with gigantic figures of eminent international football players all over the body.

2. On 12.02.2018, when this writ petition came up for admission, the petitioner was directed to produce a copy of the certificate of registration of her contract carriage bearing registration No.KL-02/AM-8383 and the learned Senior Government Pleader was directed to get instructions.

3. On 15.02.2018, when this writ petition came up for consideration, the learned Senior Government Pleader, with reference to the registration details of contract carriage bearing registration No.KL-02/AM-8383 pointed out that the colour of the said vehicle as per its certificate of registration is 'white with blue, gold and gray strips'. The learned counsel for the petitioner sought further time to produce a copy of the certificate of registration and accordingly the matter was adjourned.

4. A counter affidavit dated 09.03.2018 has been filed by the 2nd respondent opposing the reliefs sought for in this writ petition. Along with the counter affidavit, three photographs of the petitioner's contract carriage bearing registration No.KL-02/AM-8383 are placed on record as Ext.R2(a) [wrongly marked as Ext.R3(a)].

5. On 03.08.2018, when this writ petition came up for consideration, the learned counsel for the petitioner sought time to file reply affidavit to the counter affidavit filed by the 2nd respondent and accordingly, the writ petition was adjourned to 20.08.2018. On that day, as requested by the learned counsel for the petitioner, further time was granted to file reply affidavit, and the writ petition was adjourned to 07.09.2018.

6. On 12.09.2018, pursuant to the direction contained in the order of this Court dated 12.02.2018, the petitioner produced the certificate of registration of her contract carriage bearing registration No.KL-02/AM-8383, as Ext.P7, along with I.A.No.1 of 2018 filed for accepting additional document. As per Ext.P7 certificate of registration, the colour of the petitioner's contract carriage is 'white with blue, gold and gray strips'. Ext.P7 certificate of registration issued by the Assistant Registering Authority, Attingal is one dated 04.01.2018, after effecting transfer of registration in the name of the petitioner, with effect from 28.12.2017.

7. Heard the learned counsel for the petitioner and also the learned Senior Government Pleader appearing for the respondents.

8. The fact that, the Assistant Motor Vehicle Inspector in the office of the 2nd respondent Regional Transport Officer intercepted the petitioner's contract carriage and issued Ext.P2 check report dated 03.02.2018, while the said vehicle was proceeding through Alappuzha with figures of eminent international football players all over the body