T.G.Prajith vs. The Regional Transport Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNE AY, THE 09TH DAY OF OCTOBER 2019 / 17TH ASWINA, 1941 WP(C).No.12526 OF 2019(M) PETITIONER: MUHAMMED HAKEEM A.J., AGED 30 YEARS, S/O T.A.JABBAR, RESIDING AT KOLATHADIYAN HOUSE, TIPPU NAGAR, THENKARA, MANNARKKAD P.O., PALAKKAD. BY ADV. SRI.M.A.FAYAZ RESPONDENT: REGIONAL TRANSPORT OFFICER, CIVIL STATION, PALAKKAD-678 014. BY ADV.SRI.K.P.HARISH, SR.GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.10.2019, ALONG WITH WP(C).12563/2019(U), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)Nos.12526 & 12563 OF 2019(M) -2- IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNE AY, THE 09TH DAY OF OCTOBER 2019 / 17TH ASWINA, 1941 WP(C).No.12563 OF 2019(U) PETITIONER: T.G.PRAJITH, AGED 44 YEARS, HOUSE NO.63, CHANDRA NAGAR, PALAKKAD-678 007. BY ADV. SRI.P.DEEPAK RESPONDENTS: THE REGIONAL TRANSPORT OFFICER, PALAKKAD-678 014. BY ADV.SRI.BIMAL K NATH, SR.GOVT.PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.10.2019, ALONG WITH WP(C).12526/2019(M), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)Nos.12526 & 12563 OF 2019(M) -3- JUDGMENT [ WP(C).12526/2019, WP(C).12563/2019 ] These writ petitions are related to renewal of trade certificates issued to the petitioners under Rule 35 of the Central Motor Vehicle Rules. This Court considered a similar issue in W.P.(C)No.12561/2019. Therein, this Court directed the official respondents to consider the applications in accordance with law after hearing the parties concerned. In the light of the direction as above, these writ petitions are disposed directing the respondents to dispose the applications for renewal of trade certificates within a period of one month after hearing all concerned. Interim order already passed in the matter will continue till such a decision is taken as above. A.MUHAMED MUSTAQUE JUDGE akv

WP(C)Nos.12526 & 12563 OF 2019(M) -4- APPENDIX OF WP(C) 12526/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 PHOTOCOPY OF THE LATEST INTIMATION ISSUED BY THE MANUFACTURER, M/S. BAJAJ AUTO LTD. AUTHORIZING A J MOTORS ON 19.5.2017 AS ITS DEALER AT MANNARKKAD. EXHIBIT P2 PHOTOCOPY OF THE TRADE CERTIFICATE WITH NUMBER KL-09-TC-12-2012. EXHIBIT P3 PHOTOCOPY OF THE TRADE CERTIFICATE WITH NUMBER KL-09-TC-13-2012. EXHIBIT P4 PHOTOCOPY OF THE TRADE CERTIFICATE WITH NUMBER KL-09-TC-14-2012. EXHIBIT P5 PHOTOCOPY OF THE TRADE CERTIFICATE WITH NUMBER KL-09-TC-15-2012. EXHIBIT P6 PHOTOCOPY OF THE GST REGISTRATION/GST CERTIFICATE. EXHIBIT P7 PHOTOCOPY OF THE TAX RETURN SUBMITTED BY THE PETITIONERS FIRM FOR THE MONTH OF FEBRUARY, 2019. EXHIBIT P8 PHOTOCOPY OF THE RECEIPT OF REMITTANCE OF GST DATED 27.3.2019. EXHIBIT P9 PHOTOCOPY OF THE INTERIM ORDER IN WPC NO.15366/2018 DATED 8.5.2019. EXHIBIT P10 PHOTOCOPY OF THE ENQUIRY REPORT GIVEN BY THE JOINT REGIONAL TRANSPORT OFFICER MANNARKKAD. EXHIBIT P11 PHOTOCOPY OF THE INTERIM ORDER IN WPC NO.18142 OF 2011 DATED 5.7.2011. EXHIBIT P12 PHOTOCOPY OF THE WPC NO.13222/2018 DATED 12.4.2018. EXHIBIT P13 PHOTOCOPY OF THE INTERIM ORDER WPC NO.13891/2018 DATED 13.4.2018. RESPONDENT'S/S EXHIBITS : NIL.

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C.A. TO JUDGE

WP(C)Nos.12526 & 12563 OF 2019(M) -5- APPENDIX OF WP(C) 12563/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 AOF THE TRADE CERTIFICATE (NO.KL-09-TC-9-1998). EXHIBIT P1 A AOF THE TRADE CERTIFICATE (NO.KL-09-TC-10-1998). EXHIBIT P2 AOF THE INTERIM ORDER DATED 04/07/2011 IN WPC NO.17897 OF 2011. EXHIBIT P3 AOF THE INTERIM ORDER DATED 10/04/2015 IN WPC NO. 11977 OF 2015. EXHIBIT P4 AOF THE INTERIM ORDER DATED 12/04/2018 IN WPC NO.13222 OF 2018. EXHIBIT P5 AOF THE RECEIPT DATED 14/03/2019. RESPONDENT'S/S EXHIBITS: EXHIBIT R1(A)OF THE RELEVANT OFFICE FILE EVIDENCING PERSONAL HEARING CONDUCTED ON 19.03.2019. EXHIBIT R1(C)OF THE LETTER NO.R6/19814/2019/P DATED 24.06.2019. EXHIBIT R1(c)OF THE REPORT OF THE MOTOR VEHICLES INSPECTOR, ALATHUR DATED 24.07.2019 EXHIBIT R1(D)OF THE NOTICE NO.SI0/4842/2019/P DATED 29.07.2019. ////

C.A. TO JUDGE