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2019 Supreme(Online)(KER) 63141

HIGH COURT OF KERALA
KERALA AUTOMOBILE DEALERS ASSOCIATION – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
['A A ZIYAD RAHMAN', '', 'LAL K JOSEPH', 'GOVERNMENT PLEADER']

The 1st petitioner is an Association of Automobile dealers

in Kerala, which is registered under the provisions of the

Travancore-Cochin Literary, Scientific and Charitable Societies

Registration Act, 1955, as evident from Ext.P1 certificate of

registration dated 29.03.2006. The 2nd petitioner is a dealer of

passenger vehicles manufactured by Mercedes-Benz and a

member of the 1st petitioner Association. The petitioners have

filed this writ petition under Article 226 of the Constitution of

India, seeking a writ of certiorari to quash Ext.P2 circular dated

06.08.2018 issued by the 2nd

respondent Transport

Commissioner, whereby the Deputy Transport Commissioner,

the Regional Transport Officers and the Joint Regional Transport

Officers are directed to take necessary steps to ensure

registration of the vehicles kept by automobile dealers for test

drive, on the ground that some of the automobile dealers are

using such vehicles for test drive for longer periods and

thereafter, selling those vehicles at a lower price, which cause

revenue loss to the State Exchequer. The petitioners have also

sought for a writ of certiorari to quash Ext.P4 check report

dated 26.07.

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