Point of Law: Scope of judicial review - Court should not ordinarily interfere in administrative matters, since administrative authorities are specialists in matters relating to administration.

JUDGMENT :

S. MANIKUMAR, J.

1. Claiming to be the General Secretary of Thrissur District Committee, Kerala Taurus Tipper Association, an association registered under the provisions of the Travancore-Cochin (Literary, Scientific & Charitable Societies) Registration Act, 1955, petitioner herein has filed the instant public interest writ petition, for the following reliefs:

(i) Issue a writ in the nature of mandamus or such other writ, order or direction commanding the 1st respondent-State of Kerala, to comply with Exhibit P2 letter issued by the Ministry of Road Transport and Highways, Government of India (MORTH) dated 6.9.2021 and take proactive measures to remove State Border Check Posts of the MVD with immediate effect.

(ii) Issue a writ in the nature of mandamus or such other writ, order or direction commanding the 3rd respondent-Transport Commissioner, to transfer all the officers of the Motor Vehicles Department deployed at the border check posts to road safety enforcement squads of the Motor Vehicles Department.

(iii) Issue a writ in the nature of certiorari or such other writ, order or direction calling for the records leading to Exhibit P1 Circular dated 16.06.2021 and quash the same to the extent it mandates the physical verification of permits or tax receipts obtained after the online remittance of tax and fees.

2. Earlier, petitioner approached this Court highlighting the practices followed by the Motor Vehicles Department vis-a-vis operators of transport vehicles. Here, he seeks to recall the continued functioning of the border check posts manned by the personnel of MVD, merely as a source of illegal gratification notwithstanding the substantive amendments made to the Motor Vehicles Act, 1988 and also the introduction of GST regime making redundant the continuation of such check posts.

3. Petitioner has submitted that there are 19 border check posts headed by Motor Vehicles Inspectors, established and functioning under the Motor Vehicles Department, within the State of Kerala. Petitioner has also brought to our attention Exhibit-P1 Circular No. 12/2021 dated 16.06.2021 issued by the 3rd respondent/Transport Commissioner, and submitted that w.e.f. 21.06.2021, the services of all the border check posts under the Motor Vehicles Department, Kerala would be connected to Parivahan Software System and will be made available online.

4. It is also submitted that as per Exhibit-P1 circular, an applicant has to apply online through the ‘Check Post Module’ on the VAHAN portal and pay tax/permit fees/cess/green tax etc. through online. Exhibit-P1 also mandats that the permit/tax receipts obtained after such payment should be printed and submitted for physical verification at the border check posts.

5. Inviting the attention of this Court to the orders bearing No. A4/59/2021-TC and A3/73/2021-TC dated 27.09.2021, petitioner has submitted that the Transport Commissioner-3rd respondent has authorised the posting of 22 Motor Vehicle Inspectors and 70 Assistant Motor Vehicle Inspectors at the 19 border check posts under the MVD. In fact, on 6.9.2021, MoRTH, Government of India, had communicated a letter (Exhibit-P2) to the Principal Secretaries (Transport) of some States, including the 2nd respondent, directing removal of check posts at the State borders. Petitioner has contended that despite the issuance of Exhibit-P2, the border check posts under the MVD continue to operate even today, within the State of Kerala.

6. Petitioner has contended that even after issuance of Exhibit-P2 letter, by G.O. (Rt.) No. 33/2021/Trans dated 09.11.2021, the 3rd respondent-Transport Commissioner, ordered inclusion of willing officers from the Enforcement Wing under RTO (Enforcement) for check post duty, citing scarcity of eligible officers to be deputed, as most of the MVIs and AMVIs are facing disciplinary proceedings, and recommended not to be posted at the check posts.

7. Petitioner has also contended that from 26.08.2020 onwards, Government have issued 'E-P