Judgment
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 1.
The present writ petition under Article 226 of the Constitution of India has been filed impugning Exhibits P-4 and P- 4(a) orders whereby the petitioner has been informed that the State Government have decided to issue motor cycle permit only to electric vehicle as part of promoting Electric Vehicle policy in the State. The petitioner filed an application initially on 24.06.2019 before the 2nd respondent for obtaining Rent a Bike License. It appears that the said application was not supported with necessary documents for issuing Rent Motor Cycle License.
As the application was not supported with the required documents, the application was not processed at that time. Later on, the petitioner submitted another application on 25.04.2022.
This application was also not having necessary documents in support. Later Exhibit P-2 order dated 17.05.2022 was issued by the 2nd respondent to the petitioner to furnish required documents mentioned in the said communication. The petitioner
WP (C) NO. 26156 OF 2023 3 in pursuance to the said communication submitted some documents. However the application was not complete in all forms and therefore by communication dated 22.11.2022, the petitioner was required to submit other documents. The petitioner was also informed that the State Government have decided to grant motor cycle permit only to electric vehicles as part of promoting Electric Vehicle policy.
2.
Learned Counsel for the petitioner submits that in pursuance to Exhibit P-2 order dated 17.05.2022, the petitioner has purchased petrol bikes. However, no supporting documents have been placed on record showing the purchase of the petrol bikes after 17.05.2022. Learned Counsel for the petitioner further submits that the Government is implementing the electric vehicle policy only in respect of own a motor vehicle permit and not for the car taxi permits and this is a discrimination.
3.
I found no substance in the said contention of the Learned Counsel for the petitioner. Incomparable cannot be compared.
There can be discrimination only between two similarly situated persons and not between two differently situated persons. The Government has taken policy decision to issue permit for rent a
WP (C) NO. 26156 OF 2023 4 motor vehicle only with respect to electric vehicles and I do not find that the policy decision suffers from any perversity, illegality or violation of the fundamental rights of the petitioner as contented. In view thereof I find no substance in the writ petition and it is hereby dismissed.
Sd/- DINESH KUMAR SINGH JUDGE Svn
WP (C) NO. 26156 OF 2023 5 APPENDIX OF WP(C) 26156/2023 PETITIONER’S EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 24.06.2019 WITHOUT EXHIBIT SUBMITTED BY PETITIONER BEFORE 2ND RESPONDENT EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED 17.05.2022 RECEIVED BY THE PETITIONER FROM 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE COMPANY REGISTRATION CERTIFICATE DATED 06.09.2022 SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT EXHIBIT P3(A) TRUE COPY OF THE GST REGISTRATION CERTIFICATE DATED 15.10.2022 SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT EXHIBIT P3(B) TRUE COPY OF THE POLICE CLEARANCE CERTIFICATE DATED 27.07.2022 SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT EXHIBIT P3(C) TRUE COPY OF THE RENT AGREEMENT DATED 08.06.2022 SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT EXHIBIT P3(D) TRUE COPY OF THE PAN CARD SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT EXHIBIT P3(E) TRUE COPY OF THE ADAR CARD SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 22.11.2022 SENT BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P4(a) TRUE COPY OF COMMUNICATION SENT BY 1ST RESPONDENT TO 2ND RESPONDENT DATED 20.09.2019
WP (C) NO. 26156 OF 2023 6 EXHIBIT P5 TRUE COPY OF THE PHOTO BRINGING ELECTRIC BIKE IN AN AUTO EXHIBIT P6 TRUE COPY OF RENT A MOTOR CYCLE SCHEME 1977 EXHIBIT P7 TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER EXHIBIT P8 TRUE COPY OF COMMUNICATION DATED 02.05.2023 SENT BY 2ND RESPONDENT TO 1ST RESPONDENT