Manufacturers holding a Type Approval Certificate must obtain state authorization to affix High Security Registration Plates on old vehicles, ensuring compliance with public safety regulations.

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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