Compliance with procedural fairness requires that parties be heard before adverse decisions are made against them.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

THURSDAY, THE 20^TH DAY OF NOVEMBER 2025/29TH KARTHIKA, 1947 WP(C) NO. 41159 OF 2025 PETITIONER:

AIRO TRACK TECHNOLOGIES PVT. LIMITED, BUILDING NO.2, PO 407,KOMMADY, KAICHOONDI,ALAPPUZHA, KERALA, REPRESENTED BY ITS GENERAL MANAGER, PIN–686606 BY ADVS.

SRI.DENU JOSEPH SRI.P.J.JOBI SMT.V.A.JISHA SHRI.ANANDU B. BABU SMT.ATHIRA SURENDRAN SRI.T.KRISHNANUNNI (SR.)

RESPONDENTS:

1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, MOTOR VEHICLE DEPARTMENT, MINISTRY OF TRANSPORT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001

2 TRANSPORT COMMISSIONER, KERALA MOTOR VEHICLE DEPARTMENT, TRANSPORT COMMISSIONERATE, VAZHUTHACAD P.O., THIRUVANANTHAPURAM, PIN-695014

3 CENTER FOR DEVELOPMENT AND ADVANCED COMPUTING (C-DAC), P.B. NO. 6520, VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN-695533 REPRESENTED BY ITS EXECUTIVE DIRECTOR

4 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAY, NEW DELHI, PIN-110001 *ADDL.R5 MANOJ P.V., AGED 48 YEARS, SOLE PROPRIETOR, A. K. TRADERS, VARANAD P.O., CHERTHALA, ALAPPUZHA * [ADDL R5 IS IMPLEADED AS PER ORDER DTD 11-11-2025 IN I.A. NO.1/2025 IN W.P.(C) NO.41159/2025]

**ADDL.R6 BIJU PAULOSE, MANAGING DIRECTOR, MERCYDA’Z INTERNATIONAL PVT. LTD., SULTHAN BATHERY, WAYANAD ** [ADDL R6 IS IMPLEADED AS PER ORDER DTD 20-11-2025 IN I.A. NO.3/2025 IN W.P.(C) NO.41159/2025]

BY ADVS.

SHRI.SREEKANTH K.M., CGC SRI.P.MOHANDAS (ERNAKULAM)

SHRI.ARUN KRISHNA DHAN SRI.ARJUN SREEDHAR SHRI.T.K.SANDEEP SMT.SWETHA R.

SHRI.HARIKRISHNAN P.B.

SMT.ANJANA S.S.

SRI.K.SUDHINKUMAR SRI.SABU PULLAN SHRI.R.BHASKARA KRISHNAN SHRI.BHARATH MOHAN DR.K.P.SATHEESAN (SR.)

SMT. DEVI SHRI R., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.11.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

MOHAMMED NIAS C.P., J.

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W.P.(C) No.41159 of 2025 ---------------------------------------------------- Dated this the 20^th day of November, 2025

JUDGMENT

Ext.P9 order passed by the Transport Commissioner, suspending the petitioner from the enlistment made under the Suraksha Mitr Portal and blacklisting following several complaints, is under challenge.

2. The additional 5^th respondent herein had earlier filed W.P.(C) No.14560 of 2025, raising serious allegations against the writ petitioner herein, including the creation of a fake UIN number, resulting in the vehicle's VLT certification being unable to be renewed with the original serial number without first de-tagging the alleged fake serial number.

3. Through Ext.P8 judgment dated 14.10.2025, the Transport Commissioner was directed to take a decision on Ext.P6 complaint, after affording an opportunity of hearing to the petitioner therein as well as the petitioner herein and after obtaining sufficient inputs from the 3^rd respondent, a technical body. It seems that through Ext.P9, the Transport Commissioner passed orders on 31.10.2025, acting on a show cause notice which was issued to the petitioner prior to Ext.P8 judgment and which was not disclosed either by the writ petitioner herein or by the Transport Commissioner.

4. The order finds that despite a show cause being issued to the writ petitioner and an opportunity for a hearing, no reply was furnished. Accordingly, the Transport Commissioner, on the basis of the grave allegations raised, blacklisted the petitioner, who was prohibited from selling or installing new Vehicle Location Tracking Devices within the State of Kerala for a period of five years from 31.10.2025.

5. True, the Transport Commissioner could have passed orders based on the show cause notice issued by him and on the basis of several complaints received against the writ pe