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2018 Supreme(Ker) 818

ANIL K.NARENDRAN
S. Ruby Vadakkevila Veedu – Appellant
Versus
Transport Commissioner – Respondent


Advocates Appeared:
For the Petitioners: Adv. Sri. O.D. Sivadas.
For the Respondents: Smt C.S. Sheeja, Senior Government Pleader.

JUDGMENT :

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 mark

























































































































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