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

MONDAY, THE 13^TH DAY OF JANUARY 2025 / 23RD POUSHA, 1946 WP(C) NO. 1144 OF 2025 PETITIONER:

HISSAM U, AGED 40 YEARS, S/O. UMMARKANNU,THEKKUVILA VEEDU, THADICAUD P.O.,ARAKKAL VILLAGE, PUNALOOR TALUK,KOLLAM, PIN – 691306.

BY ADVS.

MATHEW KURIAKOSE J.KRISHNAKUMAR (ADOOR)

T.G.SUNIL (PERUMBAVOOR)

MONI GEORGE SHAJI P.K.

ARUN.S.

PREETHU JAGATHY RESPONDENTS:

1 THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, MOTOR VEHICLES DEPARTMENT,GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM, PIN – 695001.

2 THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, TRANS TOWER, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN – 695014. 3 REGIONAL TRANSPORT OFFICER, KOLLAM,REGIONAL TRANSPORT OFFICE, KOLLAM, CIVIL STATION, KOLLAM, PIN – 691013.

4 THE JOINT REGIONAL TRANSPORT OFFICER, CHADAYAMANGALAM, SUB REGIONAL TRANSPORT OFFICE,CHADAYAMANGALAM,KOLLAM, PIN – 691534.

SRI. P.S.APPU, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT The petitioner has approached this Court being aggrieved by the fact that the application filed by the petitioner for renewal of license granted to the petitioner for running an Emission Testing Centre has been rejected on the ground that the petitioner does not comply with the terms of circular No.13/2023 dated 13/03/2024 issued by the Transport Commissioner, Kerala. This Court by judgment in W.P(C)No.17369/2024 and connected cases has held that the stipulations in Circular No.13/2023 referred to above cannot be applied in the cases of applications for renewal of license and they can be insisted upon only in respect of application for licenses for setting up Emission Testing Centres after the date of issue of the circular.

2. Taking the aforesaid into consideration and considering the fact that the application of the petitioner was for renewal of an existing license, this writ petition will stand disposed of directing the 4^th respondent to reconsider the application filed by the petitioner for renewal of license without insisting for the conditions stipulated in Circular No.13/2023. However, the petitioner shall comply with all other requirements as per law. To enable reconsideration of the matter by the 4^th respondent, Ext.P2 order will stand set aside. The 4^th respondent shall endeavour to pass fresh orders, within a period of one month from the date of receipt of a certified copy of this judgment.

The writ petition will stand disposed of as above.

Sd/-

GOPINATH P.

JUDGE DK APPENDIX OF WP(C) 1144/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LICENSE NO. K2/9/2019 DATED 23.12.2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P2 A TRUE COPY OF THE ORDER NO. 82C2/ 711/

CDML/ 2024 DATED 30.12.2024 ISSUED BY THE 4TH RESPONDENT Exhibit P3 PHOTOGRAPH OF THE QUICK POLLUTION TESTING CENTRE, THE AUTOMOBILE EXHAUST TESTING STATION OF THE PETITIONER Exhibit P4 TRUE COPY OF THE JUDGMENT DATED

23.09.2024 IN W.P.(C) NO. 17369/2024 OF THIS HON’BLE COURT (EXCLUDING THE CAUSE TITLE AND APPENDIX OF THE CONNECTED CASES)