IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.

FRIDAY, THE 14^TH DAY OF FEBRUARY 2025 / 25TH MAGHA, 1946 WP(C) NO. 6097 OF 2025 PETITIONER :

SINI SIBI, AGED 52 YEARS W/O SIBI ANTONY, PULIMOOTTIL HOUSE, MARANGATTUPALLY P.O., KOTTAYAM DISTRICT, (LICENSEE), PULIMOOTTIL POLLUTION TESTING CENTRE’, WARD NO.7, BUILDING NO.394C OF MARANGATTUPALLY GRAMA PANCHAYAT, MARANGATTUPALLY, KOTTAYAM DISTRICT [LICENCE NO. M3/06/2020/K]), PIN - 686635 BY ADVS.

DR.V.N.SANKARJEE V.N.MADHUSUDANAN R.UDAYA JYOTHI KEERTHI B. CHANDRAN VIJAYAN PILLAI P.K.

SINEESH K.M.

SHILPA P.S.

UNNIKRISHNAN H.

ASWIN P.S.

SHRIYA MERLIN MAXWELL RESPONDENTS :

1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN - 695001

2 THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, TRANS TOWER, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014

3 THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE, CIVIL STATION, COLLECTORATE P.O., KOTTAYAM DISTRICT, PIN - 686002

4 THE JOINT REGIONAL TRANSPORT OFFICER, SUB REGIONAL TRANSPORT OFFICE, THERUVATHU BUILDING, UZHAVOOR P.O., KOTTAYAM DISTRICT, PIN - 686634 SRI. SREEJITH V.S., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Petitioner has approached this Court challenging Ext.P3 order by which the petitioner's application for renewal of licence to conduct pollution testing centre has been rejected. According to the petitioner, the rejection was on the ground that the petitioner does not comply with the stipulations in Circular No.13/2023 issued by the Transport Commissioner, Kerala. It is the case of the petitioner that it is a settled law that the stipulations in Circular No.13/2023 will apply only to pollution testing centres which apply for a fresh licence on or after the date of the Circular and not to existing pollution testing centres regarding which an application for renewal is being filed.

2. The learned Government Pleader does not dispute that this Court has taken the view that the stipulations in Circular No.13/2023 will apply only in the case of applications for fresh licence and not in the case of applications for renewal of licence in respect of testing centres which have been functioning even prior to the date of issuance of Circular No.13/2023.

3. Having heard the learned counsel for the petitioner as well as the learned Government Pleader and having regard to the fact that the issue appears to be covered in favour of the petitioner, this writ petition is allowed by setting aside Ext.P3 and directing the reconsideration of the application filed by the petitioner for renewal of licence and making it clear that the application for renewal shall not be rejected on the ground of any stipulation in Circular No.13 of 2023. However, the petitioner shall comply with all other requirements under law in the conduct of the pollution testing centre. The competent amongst the respondents shall pass fresh orders after affording an opportunity of hearing to the petitioner, within a period of one month from the date of receipt of a certified copy of this judgment.

Writ petition is ordered accordingly.

Sd/-

GOPINATH P.

JUDGE RKM APPENDIX OF WP(C) 6097/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LICENSE HAVING NO.

M3/06/2020/K DATED 13.2.2020 ISSUED BY THE

3RD RESPONDENT Exhibit P2 TRUE COPY OF THE APPLICATION DATED

17.1.2025 SUBMITTED BY THE PETITIONER TOGETHER WITH RECEIPT DATED 17.1.2025 Exhibit P3 TRUE COPY OF THE ORDER DATED 3.2.2025 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER Exhibit P4 TRUE COPY OF THE CIRCULAR NO.13/2023 DATED

13.3.2024 ISSUED BY THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF G.O.(RT) NO.48/1996/PW&T DATED 15.2.1996 ISSUED BY THE 1ST RESPONDENT Exhibit P6 TRUE COPY OF G.O.(RT) NO.411/2021/TRANS DATED 22.11.2021 ISSUED BY THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF G.O.(RT) NO.259/2023/TRANS DATED 26.6.2023 ISSU