Back
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
WP(C) 17369/2024
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
Existing licenses for pollution testing centres cannot be renewed under new conditions not previously stipulated, as per original government orders.
Headnote:
(A) Circular No.13/2023 dated 13.03.2024 - Conditions for Pollution Testing Centres - The impugned circular mandates parking space for two LMV vehicles and specifies room dimensions for emission testing equipment. The petitioners challenge these conditions as new and unfair for license renewal. (Paras 1, 5)
(B) Licensing Conditions - The court noted that the original government order from 15.02.1996 already required parking space, thus the circular only reiterates existing conditions. (Paras 6, 8)
Facts of the case:
Petitioners are existing licensees of pollution testing centres who argue that new conditions cannot be imposed for license renewal. (Paras 4, 5)
Findings of Court:
The court directs authorities to renew licenses in accordance with the original government order, confirming that existing licenses cannot be renewed if they do not meet the prescribed conditions. (Paras 9)
Issues: Whether new conditions can be imposed on existing licenses for pollution testing centres and the validity of the impugned circular.
Ratio Decidendi: The court determined that no new conditions can be imposed for renewal, and existing licenses must comply with the original government order.
Result: Writ Petitions disposed of with directions to consider renewal applications based on original licensing conditions.
| 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 available. The parking space in front of the other establishments functioning adjacent to the emission testing centres should not be considered or allocated for the dimensions of parking space of emission testing centres.
3. The parking space with the dimensions as given above must either be owned or leased under a rental agreement by the operator of the emission testing centre. Directions and regulations on the functioning of the vehicle pollution testing centres in Circular No.13/2023 dated13.03.2024 on reproduced would read as under:
“As per reference 1 the government have instructed that in the testing centres there should be space to park two LMV vehicles. For clarification on parking space dimensions and for uniform implementation the minimum dimensions of the building in which the station is functioning and the parking space shall be as provided below.
a. 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 the room by the Panchayat/ Municipality/ Corporation should be recorded in the license.
b. Adjacent to the room a 10 meter long and 4 meter wide space suitable for vehicle parking. The parking space in front of the other establishments functioning adjacent to the emission testing centres should not be considered or allocated for the dimensions of parking space of emission testing centres.
The parking space with the above mentioned dimensions must either be owned or leased under a rental agreement by the operator of the emission testing centre.
While allocating new emission testing centres the inspecting ofÏcer must verify the plan which contain the location and dimensions of the building and parking area and submit it along with the inspection report.
The licensing authorities must ensure that the above mentioned guidelines are followed when starting the emission testing centres and at the time of renewal of existing licenses.”
4. In these Writ Petitions, the petitioners are the existing testing pollution testing centres who had been granted licences for setting up the pollution testing centres.
5. The learned counsel for the petitioners submits that when they were granted licences, the impugned circular was not vogue. These conditions which are now cannot be prescribed for renewal of their licences, and therefore, the condition having parking spaces for two LMV vehicles at the pollution testing centres, is concerned, is liable to be quashed.
6. The learned Government Pleader submits that the pollution licences for setting up the Pollution Centres were issued under the relevant Government G.O.(Rt)No. 48/1996/PW&T dated 15.02.1996. The said Government Order itself prescribed for the Pollu
