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2022 Supreme(Online)(KER) 2848

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 26TH DAY OF OCTOBER 2022 / 4TH KARTHIKA, 1944 WP(C) NO. 33976 OF 2022 PETITIONER:

RAJEEV KUMAR G., AGED 50 YEARS, S/O GOPALAKRISHNA KURUP, PROPRIETOR, KURUP & CO., MOTOR VEHICLE POLLUTION TESTING CENTRE, NEAR ANANDHAVILESHWARAM TEMPLE, KACHERI JUNCTION, KOLLAM-691 013 BY ADVS.

R.RAJESH (VARKALA)

MANU RAMACHANDRAN GEETHU KRISHNAN T.S.SARATH M.KIRANLAL SAILAKSHMI MENON RESPONDENTS:

1 REGIONAL TRANSPORT OFFICER, KOLLAM OFFICE AT REGIONAL TRANSPORT OFFICE, COLLECTORATE, KOLLAM, KERALA -691 013

2 MOTOR VEHICLE INSPECTOR, KOLLAM, OFFICE AT REGIONAL TRANSPORT OFFICE, COLLECTORATE, KOLLAM, KERALA-691 013 3 DEPUTY TRANSPORT COMMISSIONER, SOUTH ZONE, OFFICE AT 8TH FLOOR, B-BLOCK, CIVIL STATION, KUDAPANKUNNU, THIRUVANANTHAPURAM-695 043 SRI.V.K.SUNIL, SENIOR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

P.V.KUNHIKRISHNAN, J.

------------------------------

W.P.(C).No. 33976 of 2022 ----------------------------------------------

Dated this the 26th day of October, 2022

JUDGMENT

The above writ petition is filed with the following prayers:

“(1) To issue a writ of certiorari or any appropriate writ or direction setting aside the Ext P6 Notice.

(2) To issue a writ of Mandamus or any appropriate writ or direction to consider Ext. P8 explanation with Ext.P3 Application for renewal and decide before Expiry of petitioner's license.

(3) To issue a writ of mandamus or any appropriate writ or direction declaring petitioner eligible for renewal of license for conducting motor vehicle pollution test center at Ext. P9 premise.

(4) To issue a writ of mandamus or any appropriate writ or direction to issue a provisional license for conducting motor vehicle pollution center in Ext. P9 premise.

(5) Dispense with the translation of the documents produced in the vernacular language. (6) Such other Writ, Orders or Directions deem fit on facts and in the interest of justice.”[SIC]

2. The petitioner is running a Pollution Under Control Certificate issuing Centre. The present license of the Centre is to expire on 03.11.2022. The petitioner preferred a renewal application with requisite fee to the respondent authority. The grievance of the petitioner is that Ext.P6 show cause notice is issued based on a report from the Motor Vehicle Inspector. It is the case of the petitioner that, he submitted reply to the same. The grievance of the petitioner is that, no final orders are passed in it. The licence period is expiring on

03.11.2022. Hence this writ petition is filed.

3. Heard counsel appearing for the petitioner and the learned Government Pleader.

4. After hearing both sides, I think this writ petition itself can be disposed of directing the 1st respondent to consider Exts.P3 and P8 applications, within a time frame.

Therefore, this writ petition is disposed of in the following manner:

i) The 1st respondent is directed to consider Exts.P3 and P8 applications, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.

ii) Till final orders are passed, the petitioner is free to conduct the Pollution Under Control Certificate issuing Centre based on the existing licence.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

DM

APPENDIX OF WP(C) 33976/2022 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE PETITIONERS CONCERNS LICENSE DATED 3.11.2003 EXHIBIT P2 A TRUE COPY OF THE RENEWED LICENSE OF PETITIONERS CONCERN DATED 04.11.2017 EXHIBIT P3 A TRUE COPY OF APPLICATION OF PETITIONER FOR RENEWAL OF HIS CONCERN TO 1ST RESPONDENT DAT ED 06.10.2022 EXHIBIT P4 A TRUE COPY OF THE RECEIPT ISSUED FROM RESPONDENT AUTHORITY ACKNOWLEDGING PAYMENT OF PETITIONER DATED 06.10.2022 EXHIBIT P5 A TRUE COPY OF THE GO (MS) NO.48/96 P &

T DATED 15.02.1996 EXHIBIT P6 A TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY 1ST RESPONDENT DATED

18.10.2022 EXHIBIT P7 A TRUE COPY OF THE PHOTOGRAPH OF PETITIONERS SERVICE CONCERNS PREMISE DATED 18.10.2022 EXHIBIT P8 A TRUE COPY OF THE PETITIONERS EXPLANATION CUM REPRESENTATION DATED

19.10.2022 EXHIBIT P9 A TRUE COPY OF THE PETITIONERS LICENSE AGREEMENT OF PREMISES.

EXHIBIT P10 A TRUE COPY OF THE EMPLOYEES QUALIFICATION TO RUN THE SERVICE CONCERN RESPONDENTS EXHIBITS: NIL //TRUE COPY// PA TO JUDGE

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