Prithviraj V.M. vs. State Of Kerala
Held
The Court found no substance in the petitioner's contention, stating that the government's policy decision to issue permits only for electric vehicles for 'rent a motor vehicle' did not suffer from perversity, illegality, or violation of fundamental rights. It clarified that discrimination can only occur between similarly situated persons, which was not the case here.
Facts
The petitioner applied for a 'Rent a Bike License' multiple times, but the applications were incomplete. Later, the petitioner was informed that the State Government had decided to issue motor cycle permits only for electric vehicles as part of its Electric Vehicle policy. The petitioner challenged this policy, alleging discrimination and violation of fundamental rights.
Key Issues
The key legal issue was whether the State Government's policy decision to grant 'Rent a Bike' permits exclusively for electric vehicles was discriminatory or suffered from any illegality, perversity, or violation of the petitioner's fundamental rights.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH THURSDAY, THE 14TH DAY OF SEPTEMBER 2023 / 23TH BHADRA, 1945 WP(C) NO. 26156 OF 2023 PETITIONER: PRITHVIRAJ V. M., AGED 59 YEARS, S/O. MOHAN SINGH, IX/1026 26 ROOM LINE, MATTUPPETTY ROAD, MUNNAR, PIN – 685612. BY ADVS. SMT. A. A. SHIBI SMT. MANJUSHA K. U. SMT. GAYATHRI A. L. RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, TRANSPORT DEPARTMENT (B), GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN – 695001. 2 TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONARATE, 2ND FLOOR, TRANSRS, THYCAUD PO, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN – 695014. 3 JOINT TRANSPORT OFFICER, (M V I), REGIONAL TRANSPORT OFFICE, , ADIMLAY P. O., ADIMALY, PIN – 685561. BY ADV. SRI. S. GOPINATH (SR) - GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP (C) NO. 26156 OF 2023 2 DINESH KUMAR SINGH, J. -------------------------- WP(C) No.26156 of 2023 ------------------------- Dated this the 14th day of September, 2023 JUDGMENT
The present writ petition under Article 226 of the Constitution of India
The judgment continues below.
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