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2019 Supreme(Ker) 494

ANIL K.NARENDRAN
Kerala Automobile Dealers Association – Appellant
Versus
State of Kerala, Rep. by its Secretary to Motor Vehicles Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri. A.A. Ziyad Rahman, Sri. Lal K. Joseph.
For the Respondent: Sri P. Santhosh Kumar.

JUDGMENT :

ANIL K. NARENDRAN, J.

1. The 1st petitioner is an Association of Automobile dealers in Kerala, which is registered under the provisions of the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, as evident from Ext.P1 certificate of registration dated 29.03.2006. The 2nd petitioner is a dealer of passenger vehicles manufactured by Mercedes-Benz and a member of the 1st petitioner Association. The petitioners have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P2 circular dated 06.08.2018 issued by the 2nd respondent Transport Commissioner, whereby the Deputy Transport Commissioner, the Regional Transport Officers and the Joint Regional Transport Officers are directed to take necessary steps to ensure registration of the vehicles kept by automobile dealers for test drive, on the ground that some of the automobile dealers are using such vehicles for test drive for longer periods and thereafter, selling those vehicles at a lower price, which cause revenue loss to the State Exchequer. The petitioners have also sought for a writ of certiorari to quash Ext.P4 check report dated

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