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HIGH COURT OF KERALA
S.MANIKUMAR, CJ, Murali Purushothaman, J
P.A. Janish – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. challenge to amendment of rule 406 (Para 1 , 2 , 3) |
| 2. arguments regarding uniformity and enforcement powers (Para 4 , 5 , 6) |
| 3. court's evaluation of legal statutes and uniform regulations (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. validity of the amendment to rule 406 (Para 19) |
JUDGMENT
Dated this the 11 th day of April, 2023 S.MANIKUMAR, C.J. Instant public interest writ petition is filed challenging Exhibit-P10 amendment to Rule 406 of the Kerala Motor Vehicles Rules, 1989 as ultra vires to Section 43 of the Kerala Police Act , 2011 and clause (xiv) of Schedule III of the State Emblem of India (Regulation of Use) Rules , 2007.
2. Reliefs sought for in the writ petition are as under:
“(i) Issue a writ in the nature of certiorari or such other writ, order or direction calling for the records leading to Exhibit P10 and quash the same.
(ii) Declare that Exhibit P10 amendment to Rule 406 of the Kerala Motor Vehicles Rules, 1989 as ultra vires Section 43 of the Kerala Police Act , 2011 and clause (xiv) of Schedule III of the State Emblem of India (Regulation of Use) Rules , 2007.”
3. Grounds urged in the writ petition are as follows:
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