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2024 Supreme(Online)(KER) 38770
HIGH COURT OF KERALA
P.M. Manoj, JUDGE
JANCY DOMINIC – Appellant
Versus
State of Kerala – Respondent
WP(C) 46858/2024
The court determined that an application for renewal should be considered without new stipulations if previous judgments support such a position.
Headnote:The court addresses the renewal application for a license issued to an automobile exhaust testing station, covering previous judgments that allow renewal without additional requirements. It determines that the application should be considered promptly due to impending expiry of the current license. The direction to the relevant authority is to evaluate the application based on previous judgments.
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| 1. applicant seeks renewal without new conditions. - What prior judgments are relevant to the applicant's request? (Para 1 , 2) |
| 2. court directs prompt handling of license renewal. - What directive did the court provide regarding the renewal application? (Para 3) |
Dated this the 31 s t day of December, 2024 The writ petition is preferred for a consideration of the application submitted by the petitioner for renewal of licence to the Pollution Testing Centre. It is the case of the petitioner that she was issued with a licence by the 3rd respondent with effect from 04.01.2010 for a period of five years for conducting Automobile Exhaust Testing Station. The licence has been renewed upto 04.01.2025. In the meanwhile Ext.P4 Circular has been issued by the 2nd respondent prescribing additional requirements/stipulations for Automobile Exhaust Testing Stations.
2. It is stated by the counsel for the petitioner that this issue has already been covered by various judgments, which is produced as Exts.P6 and P7, wherein the issue was considered and directed the authority concerned to consider the application for renewal without insisting for the additional requirements prescribed as per Ext.P4 Circular dated 13.03.2024.
3. Under such circumstances, I am also of the considered opinion that the issue involved in this case is also covered by Exts.P6 and P7 judgments. Therefore, there will be a direction to the 3rd respondent to consider and pass appropriate orders on the application for renewal of Ext.P2 licence preferred by the petitioner as expeditiously as possible. While considering the matter, the 3rd respondent shall consider the fact that the licence will expire on
04.01.2025.
The writ petition is disposed of accordingly.
