2025 Supreme(Ker) 2646
IN THE HIGH COURT OF KERALA AT ERNAKULAM
AMIT RAWAL, P. V. BALAKRISHNAN, JJ.
M/S. Tedi (India) Private Limited, Represented By Its Director Shri. Elumalai Jayaraman – Appellant
Versus
Union Of India, Represented By Secretary, Ministry Of Road Transport And Highways, New Delhi and Ors. – Respondents
WA Nos.2090 of 2024, 76 of 2025, 94 of 2025, 2099 of 2024
Decided On : 27-08-2025
Important Points
Subject
Administrative Law - Regulatory Compliance
Act Referred
CONSTITUTION OF INDIA : Art.14, Art.19(1)(g)
CIVIL PROCEDURE CODE : O.43 R.1(a), S.141
Headnote
(B) Constitutional Law - Article 14, 19(1)(g) - The Court stated state regulation is a reasonable restriction on business rights aimed at ensuring public safety and preventing fraudulent practices. (Paras 26, 34)
Facts of the case:
The case involved various manufacturers challenging the requirement to secure state approval for affixing HSRP on vehicles over five years old, asserting this contravenes their rights under the law.
Findings of Court:
The appeals were dismissed; the judgment upheld the necessity for state approval for HSRP manufacturers, reinforcing regulatory compliance with respect to vehicle registration.
Issues: Whether state approval for HSRP manufacturers is necessary for vehicles registered before the cut-off date and the implicative legality of regulatory amendments.
Ratio Decidendi: The statutory amendments to the Motor Vehicles Act and related rules require state approval for manufacturers, which is necessary for public safety and regulatory integrity. This requirement does not violate constitutional rights as they serve legitimate governmental interests.
Result: Appeals dismissed.
For the Appellant : Sri. P.A. Mohammed Shah, Shri. Chelson Chembarathy, Shri. Renoy Vincent, Sri. Shahir Showkath Ali
For the Respondents: Shri. C. Dinesh, CGC, Sri. K.P. Prasanth, Smt. Lilin Lal, Shri. P.S. Biju, Smt. Sunitha K.G.,
Other Present: Sri Naveen R Nath Sr, Sri Aman Preeth Singh, Sr Gp Sri P Santhosh Kumar, Sri. T.C Krishna, CGC, Sri. Vishnu Jayapalan, CGC.
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JUDGMENT :
1. Present intra court appeals have been preferred on behalf of the writ petitioners against the common judgment dated 29.11.2024 challenging the directions contained in the judgment of the Single Bench.
2. The pith and substance of the challenge laid by the appellants-writ petitioners in all the writ petitions is culled out from the following prayers.
WP(C) No.29866/2023
(i) To declare that the members of the Petitioner being the holders of Type Approval Certificate issued by a testing agency that has been authorized by the Respondent No.1 is not required to obtain approval from the Respondent No. 2 or Vehicle Manufactures for issuing High Security Registration Plates on existing old registered vehicles in the State of Kerala, and
(ii) Call for the records leading to issuance of Exhibit P13 issued by the Respondent No.1 and issue a writ of certiorari or any other appropriate writ, direction or order quashing the same being ultra vires, arbitrary, illegal and violative of the fundamental rights guaranteed by the Petitioner; and
(iii) Call for the records leading to issuance of Exhibit P14 issued by the Respondent No.3 and issue a writ of certiorari or any other appropriate writ, direction or order quashing the same being arbitrary and illegal:
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WP(C) No.18049/2023
(i) To declare that the Petitioner being the holder of Exhibit P1 Type Approval Certificate issued by a testing agency that has been authorized by the Respondent No.1 is not required to obtain approval from the Respondent No.2 for issuing High Security Registration Plates on existing old registered vehicles in the State of Kerala; and
(ii) To declare that the action on the part of the Respondent Nos. 2 and 3 in not permitting licensed plate manufactures having Type Approval Certificate including the Petitioner herein from issuing High Security Registration Plates on existing old registered vehicles in the State of Kerala despite holding Exhibit P1 - Type Approval Certificate is arbitrary, unreasonable, irrational, grossly tainted with malafides and violative of the fundamental rights and constitutional rights guaranteed to the Petitioner under Articles 14, 19 and 21 of the Constitution of India; and
(iii) To issue a writ of mandamus or any other appropriate writ, direction or order directing the Respondents to permit the Petitioner in issuing High Security Registration Plates on existing old registered vehicles in the State of Kerala on the strength of Exhibit P1 Type Approval Certificate.
WP(C) No.22207 of 2023
(i) To declare that the Petitioner being the holder of Exhibit P6 Type Approval Certificate issued by a testing agency that has as been authorized by the Respondent No.1 is not required to obtain approval from the Respondent No.2 or Vehicle Manufactures for issuing High Security Registration Plates on existing old registered vehicles in the State of Kerala: and
(ii) Call for the records leading to issuance of Exhibit P12 issued by the Respondent No.1 and issue a writ of certiorari or any other appropriate writ, direction or order quashing the same being ultra vires, arbitrary, illegal and violative of the fundamental rights guaranteed by the Petitioner,
WP(C) No.10761 of 2022
i) To issue a Writ of Mandamus commanding the respondents to allow and authorize the Petitioner to issue HSRP for existing Motor Vehicles registered in Kerala prior to 01.04.2019 on the strength of Exhibit P1, The Type Approval Certificate and provide access to Vahan Portal, the National Registry for electronically uploading HSRP details to be linked with Motor Vehicle Registration;
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ii) To issue a Writ of Mandamus commanding the respondents to strictly ensure and implement the affixation the registration mark/HSRP on every motor vehicles, new and existing as per Section 41 (6) of the Motor Vehicles Act 1988 and Rules 50, 51 and 124 of the Central Motor Vehicles Rules, 1989 read with regulation 36 of the Motor Vehicles (Driving) Regulations 2017 and strictly in compliance with and conformanc