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