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IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
SIYATH. K – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
These writ petitions have been filed challenging show cause notices issued to the petitioners by the Motor Vehicles Department. The petitioners are running pollution testing centres under a licence issued by the Motor Vehicles Department. They have been issued with the impugned Show Cause Notices inter alia on the premise that the centres in question are not conducting tests in conformity with the provisions contained in Rule 115 of the Central Motor Vehicles Rules, 1989. The petitioners contend that the show cause notices are liable to be quashed as they have been issued with malafide intentions and are thus without jurisdiction. The petitioners also have a case that without mentioning anything in the show cause notices issued to them, their access to the PARIVAHAN portal where results of testing are being uploaded, has been blocked, effectively stopping the business of the petitioners from 07.03.2025 onwards.
2. The learned Counsel appearing for the petitioners submitted that the show cause notices issued to the petitioners in all three cases are identical in nature. It is submitted that they do not contain any specific allegations. It is submitted that the reason for is
Show cause notices issued to pollution testing centres are procedural and not subject to judicial interference unless issued without jurisdiction or in abuse of process.
The jurisdiction of licensing authority in issuing show cause notices under the Motor Vehicles Act is strictly defined by statutory provisions.
Point of law: Rule 26(1) of APMMC Rules 1966, Rule 12(5)(h)(iii) of APMMC, 1966 for having excavated and transported 749 cum of Colour Granite without payment of seigniorage fee in contravention to c....
Delay in adjudication of show cause notices is a violation of principles of natural justice.
Point of law: Rule 20 of the Rules of 1966 provides that subject to a contract to the contrary, a quarry lease granted under the rules shall confer on the lessee, the right to quarry, carry away, sel....
The necessity of issuing a show cause notice before passing an order of blacklisting, specifying the grounds and proposed action in the notice to provide the noticee with an adequate opportunity to r....
Motor Vehicles - Blacklisting - Motor Vehicles Authority is vested with ample powers to incorporate the details of the offences in relation to a vehicle in the parivahan portal as per the clear provi....
Writ petitions against show cause notices are only entertained in cases of jurisdictional issues or violations of fundamental rights; otherwise, parties must respond to the notice and raise defenses.
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