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

TUESDAY, THE 18^TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946 WP(C) NO. 9922 OF 2025 PETITIONER:

SUJITH KUMAR, AGED 46 YEARS, S/O SASI T.K., POURNAMI, PULIKKILLAM WEST ROAD, CHEMBUMUKKU, KAKKANAD WEST P.O., VAZHAKKALA VILLAGE, KAKKANAD, ERNAKULAM DISTRICT, (LICENSEE, ‘AAYUSH POLLUTION TESTING CENTRE’, 111/674, TVS JN., SOUTH KALAMASSERY, ERNAKULAM DISTRICT [LICENCE NO. G15/05/2015/E]), PIN – 682 030.

BY ADVS.

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

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 – 695 001.

2 THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, TRANS TOWER, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN – 695 014.

3 THE REGIONAL TRANSPORT OFFICER, ERNAKULAM, REGIONAL TRANSPORT OFFICE, CIVIL STATION, THRIKKAKARA, VAZHAKKALA, KAKKANAD, ERNAKULAM DISTRICT, PIN – 682 030.

BY ADV. P.S.APPU, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

18.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Petitioner is engaged in the conduct of a pollution testing centre. He is aggrieved by the rejection of his application for renewal of licence for the pollution testing centre on account of the conditions imposed in Ext.P5 circular. The issue raised in this writ petition is covered in favour of the petitioner by Ext.P10 judgment of this Court, where it has been held (after following the judgment of this Court in WP(C)No.19237/2024 and connected cases) that the stipulations in Ext.P5 circular may not apply in respect of the applications for renewal of licence of pollution testing centres which were operating prior to the date of issuance of Ext.P5 circular.

2. The learned Government Pleader does not dispute that the issue in this case is covered by the judgment of this Court in W.P(C)No.19237/2024 and connected cases, as also by Ext.P10 judgment of this Court in W.P(C)No.44497/2024.

Having heard the learned counsel appearing for the petitioner and the learned Government Pleader and having regard to the aforesaid facts and circumstances, this writ petition will stand allowed, setting aside Ext.P4 and directing that the application filed by the petitioner for renewal of licence shall be considered without insisting on the stipulations contained in Ext.P5 circular dated 13-03-2024, and making it clear that the petitioner shall comply with all other requirements as per law. The competent authority shall pass fresh orders on the application for licence within a period of one month from the date of receipt of a certified copy of this judgment.

Sd/-

GOPINATH P.

JUDGE ats APPENDIX OF WP(C) 9922/2025 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE LICENSE HAVING NO.

G15/05/2015/E ISSUED ON 27.2.2015 BY THE

3RD RESPONDENT Exhibit P2 TRUE COPY OF THE RENEWED LICENSE TILL

26.2.2025 WITH LICENCE NO. G15/05/2015/E ISSUED BY THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE APPLICATION DATED 3.2.2025 SUBMITTED BY THE PETITIONER TOGETHER WITH RECEIPT DATED 3.2.2025 Exhibit P4 TRUE COPY OF THE ORDER DATED 7.3.2025 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P5 TRUE COPY OF THE CIRCULAR NO.13/2023 DATED

13.3.2024 ISSUED BY THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF G.O.(RT) NO.48/1996/PW&T DATED

15.2.1996 ISSUED BY THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF G.O.(RT) NO.411/2021/TRANS DATED 22.11.2021 ISSUED BY THE 1ST RESPONDENT Exhibit P8 TRUE COPY OF G.O.(RT) NO.259/2023/TRANS DATED 26.6.2023 ISSUED BY THE 1ST RESPONDENT Exhibit P9 TRUE COPY OF THE ORDER DATED 29.5.2024 IN W.P.(C) NO.19237/2024 OF THIS HONOURABLE COURT Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 13.12.2024 IN W.P.(C) NO.44497/2024 OF THIS HONOURABLE COURT