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2024 Supreme(Online)(Ker) 85729

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Dinesh Kumar Singh, J
VIJAYAN K.V – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: V.N.SANKARJEE, V.N.MADHUSUDANAN, R.UDAYA JYOTHI, M.M.VINOD, M.SUSEELA, KEERTHI B. CHANDRAN, VIJAYAN PILLAI, P.K., C.PURUSHOTHAMAN NAIR, SINEESH K.M., SHILPA P.S.
For the Respondents: SRI. BINOY DAVIS

Table of Content
1. petitioners challenge conditions imposed by the impugned circular. (Para 1 , 4)
2. court's analysis on existing conditions for pollution testing centers. (Para 3 , 7 , 8)
3. arguments presented by petitioners and government regarding licensing conditions. (Para 5 , 6)
4. renewal of licenses must align with prior government orders. (Para 9)

COMMON JUDGMENT

(Dated this the 23rd day of September, 2024)

The present batch of Writ Petitions has been filed challenging Circular No.13/2023 dated 13.03.2024 issued by the OfÏcer of the Transport Commissioner, Government of Kerala, Thiruvananthapuram. The said impugned circular provides certain conditions in the testing centres, which inter alia, provide that there should be parking space for two LMV vehicles at the testing centre.

2. A room having 3 metre length and 3 metre width with proper ventilation for installation of emission testing equipment. (A reduction of maximum 10% in the length and width of the room is permissible). The number issued for room by the Panchayat/Municipality/ Corporation should be recorded in the license. Adjacent to the room a 10 metre long 4 meter wide space suitable for vehicle parking should be avai

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