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2024 Supreme(Online)(Ker) 87071
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Dinesh Kumar Singh, J
SIYATH K – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C) 28422/2024
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., UNNIKRISHNAN H.
For the Respondents: SRI.BINOY DAVIS, GP
The court ruled that renewal applications for pollution testing centre licences must comply with the conditions set forth in the relevant Government Order.
Headnote:
(A) Writ Jurisdiction - Renewal of Licences - The petitioners sought renewal of their automobile exhaust testing station licences and challenged a circular issued by the Transport Commissioner.
(B) Legal Principles - The court emphasized that renewal applications should be considered as per the conditions prescribed in the relevant Government Order.
(C) Facts of the Case - Multiple petitioners, all licensees of pollution testing centres, contested the Transport Commissioner's circular dated 13.03.2024.
(D) Findings of Court - The court directed the respondent authorities to consider the renewal applications of the petitioners in accordance with the relevant Government Order. (E) Issues - The primary issue was whether the renewal of licences should adhere to the conditions laid out in the Government Order. (F) Ratio Decidendi - The court concluded that the renewal applications must be considered based on the Government Order under which the licences were issued. (G) Result - All these writ petitions are disposed of.
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| 1. previous judgment guides the renewal process for licenses. (Para 2) |
JUDGMENT
These writ petitions have been filed for renewal of the licence of the petitioners automobile exhaust testing station for diesel and petrol engine vehicles and also to quash Circular No.13/2023 dated 13.03.2024 issued by the Officer of the Transport Commissioner, Government of Kerala, Thiruvananthapuram.
2. The learned Government Pleader submits that, the issue involved in these writ petitions are covered by the judgment dated 23.09.2024, passed by this Court in W.P.(C)No.17369/2024 and connected cases. The operative portion of the said judgment reads as under:
9. In view of the aforesaid discussion, the present Writ Petitions are disposed of with a direction to the respondent authorities to consider the renewal applications of the petitioners in accordance with the conditions prescribed in the relevant Government Order under which the licences were issued to the petitioners for setting up the Pollution Testing Centres by them.
In view thereof, all these writ petitions are disposed of.
