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2022 Supreme(Online)(KER) 2638

HIGH COURT OF KERALA
,
RIJAS A.J. – Appellant
Versus
THE STATE OF KERALA – Respondent


JUDGMENT

Dated this the 16th day of August 2022 S.MANIKUMAR, C.J.

This writ appeal is filed assailing the correctness of the judgment dated 6.7.2022 in W.P.(C)No.21878 of 2022 by which, the writ court held thus:

“I am afraid, the aforementioned order cannot be said to be illegal or erroneous as it is in consonance with the provisions of the Kerala Motor Vehicle Act and Rules framed there under as per the notification. Even if there is no colour code to be followed by the intended purchaser in the State which he/she belongs to, authorities cannot issue NOC and fitness certificate without complying the same. The order thus perfectly legal and justified and do not call for any interference under Article 226 of the Constitution of India. Accordingly writ petition is dismissed.”

2. The case projected by the appellant/writ petitioner is that he is the owner of a contract carriage vehicle bearing registration No.KL-41-F-6016 and had been issued certain permits to ply the same. Appellant intents to sell the aforementioned vehicle to a buyer situated in Tamilnadu and therefore, the fitness certificate and NOC colour code are not required to be followed. But RTO has rejected the application on

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