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2019 Supreme(Online)(KER) 40372

HIGH COURT OF KERALA
JIJO GEORGE – Appellant
Versus
THE JOINT REGIONAL TRANSPORT OFFICER – Respondent


The petitioner, who is the registered owner of a contract

carriage bearing registration No.KL-30/C-7200, has filed this writ

petition under Article 226 of the Constitution of India seeking a

writ of certiorari to quash Ext.P2 memo dated 13.12.2016 issued

by the 2nd respondent, Joint Regional Transport Officer and Ext.P4

Circular No.11/2016 issued by the 1st respondent Transport

Commissioner. The petitioner has also sought for declaration that

painting of figures and photos in the vehicles do not amount to

advertisement and no fee is liable to be levied as per Rule 191 of

the Kerala Motor Vehicle Rules, 1989; and an appropriate writ,

order or direction commanding the 2nd respondent to renew the

certificate of fitness of the vehicle without insisting the amount

demanded in Ext.P2 and untrammeled by Ext.P2 memo of the 2nd

respondent and P4 circular of the 1st respondent.

2.

On 16.06.2017 when this writ petition came up for

admission, this Court admitted the matter on file. The learned

Government Pleader took notice for the respondents and sought

time to file counter affidavit.

3

3.

A counter affidavit has been filed by the 2nd

respondent, opposing the reliefs sought for in this writ petition.

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