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2022 Supreme(Online)(KER) 38457
HIGH COURT OF KERALA
AMIT RAWAL, J
BIJU Y.B – Appellant
Versus
JOINT REGIONAL TRANSPORT OFFICER – Respondent
WP(C)/30233/2022
S.MOHAMMED AL RAFI, P.SATHEESH KUMAR
Compliance with mandatory vehicle specifications, including color coding, is crucial for lawful operation, highlighting the state's authority to enforce uniform regulations.
Headnote:
Vehicle - Registration Cancellation - Constitution of India (Articles 14, 19(1)(g), 21) - Summary: The court examined the validity of vehicle registration cancellation based on fitness compliance, concluding that adherence to color code mandates and other requirements under relevant constitutional provisions was necessary for maintaining uniformity in vehicle regulations.
Fact of the Case:
The petitioner, owner of a contract carriage, challenged the cancellation of vehicle registration due to non-compliance with color code and fitness requirements. Despite rectifying some deficiencies, the registration was denied as the vehicle's color did not adhere to mandated specifications.
Finding of the Court:
The court affirmed that the notification for uniform color codes upheld by prior rulings takes precedence. The petitioner's failure to comply with color requirements justified the rejection of the fitness certificate and subsequent registration.
Issues: Whether the cancellation of vehicle registration due to non-compliance with specified color and fitness regulations violated the petitioner's rights under the Constitution.
Ratio Decidendi: Compliance with government notification regarding vehicle specifications is essential; non-adherence justifies cancellation of registration despite rectifying other deficiencies.
Final Decision: Writ petition dismissed.
JUDGMENT
Orders Ext.P4 dated 20.07.2022 and Ext.P7 dated
30.07.2022 of the Joint Regional Transport Officer, Parassala, Thiruvnanthapuram, cancelling the registration of the vehicle bearing No.KL 19L 2244 are under challenge in the present petition.
2. Petitioner is the registered owner of contract carriage having seating capacity of 50 persons bearing registration number aforementioned as per the registration certificate Ext.P1, stated to have been issued a certificate of fitness vide Ext.P2 having validity till 20.12.2023. A valid permit had also been issued vide Ext.P3.
3. Learned counsel appearing on behalf of the petitioner submitted that the only source of livelihood of the petitioner is the income derived from plying the vehicle and it has been also hypothecated with Sundharam Finance Ltd. Petitioner was flabbergasted to receive a notice dated 20.07.2022 Ext.P4 by the respondents cancelling the registration on the ground that as per the report of the Motor Vehicle Authority-Sri Suagathan, the passenger cabin has been installed with unauthorised lights and it did not have the active speed governor and GPS. In pursuance of Ext.P4, all the deficiencies pointed out were complied with by paying a sum of Rs.4,250/- by a challan dated 29.07.2022 Ex.P5. A representation was submitted to the respondent to issue fitness certificate with permission to ply the vehicle but as per the certificate of fitness, petitioner was required to change the color of the contract carriage which was not done, resulting into rejection. It is further contended that the said act of the respondent deprives the livelihood of the petitioner being violative of Articles 14, 19(1) (g) and 21 of the constitution of India. There is no prima facie finding that the vehicle of the petitioner do not comply with the requirement. Petitioner is still maintaining the color of red black with graphic as evident from Ext.P1.
4. I have heard the learned counsel for the petitioner and appraised the paper book and am of the view that the notification issued by the Government fixing the colour code for all the vehicles, which was challenged in various writ petitions, has been upheld by this Court. Until and unless the petitioner do not change the colour and maintains the color of red black with graphic, the fitness certificate, after rectifying the other mistakes as pointed out in Ext.P4, cannot be granted. Incurring of expenses for changing the colour cannot be a ground for warranting interference under Article 226 of the Constitution of India as it would create anomaly amongst the contractors whose petitions challenging the notification in issuing uniform colour code for all the transport vehicle/ State vehicle has been upheld.
Writ petition sans merits, accordingly dismissed.
Sd/-
AMIT RAWAL JUDGE
APPENDIX OF WP(C) 30233/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF THE CONTRACT CARRIAGE WITH THE REGISTRATION NO.KL 19L 2244 Exhibit P2 TRUE COPY OF THE CERTIFICATE OF FITNESS ISSUED TO VEHICLE NO KL 19L 2244 Exhibit P3 TRUE COPY OF THE PERMIT ISSUED TO THE VEHICLE NO KL 19L 2244 Exhibit P4 TRUE COPY OF THE NOTICE DATED 20/07/2022 ISSUED BY RESPONDENT TO PETITIONER ALONG WITH ENGLISH TRANSLATION Exhibit P5 TRUE COPY OF THE E-CHALLAN TOWARDS THE COMPOUNDING FEE RECEIPT DATED 29/07/2022 Exhibit P6 TRUE COPY REPRESENTATION DATED 25/07/2022 BY PETITIONER TO RESPONDENT ALONG WITH ENGLISH TRANSLATION.
Exhibit P7 TRUE COPY OF THE ORDER NO.ALC1/44/2022-KL
19 DATED 30/07/2022 ISSUED BY RESPONDENT ALONG WITH THE ENGLISH TRANSLATION.
