Jeevan Sivaram vs. The Transport Commissioner - Kerala High Court, 13 February 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN WEDNE AY, THE 13TH DAY OF FEBRUARY 2019 / 24TH MAGHA, 1940 WP(C).No. 3851 of 2019 PETITIONER: JEEVAN SIVARAM, ASWATHY, MANJOOR P.O, KOTTAYAM - 686 603. BY ADV. SRI.M.A.FAYAZ RESPONDENTS: 1 THE TRANSPORT COMMISSIONER, TRANS TOWERS, VAZHUTHACAUD, THYCAUD P.O, PIN - 695 014. 2 REGISTERING AUTHORITY, OFFICE OF THE REGIONAL TRANSPORT OFFICER, KOTTAYAM, CIVIL STATION, KOTTAYAM-686 001. SRI K.P.HARISH, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)3851 OF 2019 2 JUDGMENT The petitioner, who is stated to be the proprietor of M/s.Jeevan Motors, Valiya Kavala, Ernakulam Road, Vaikom P.O., Vaikom, Kottayam, which is stated to be the authorised dealer of two wheeler manufacturer M/s. TVS Motors Company Ltd. from the year 2015, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P8 order dated 19.01.2019 of the 2nd respondent Regional Transport Officer; a writ of mandamus commanding the respondents to renew Exts.P3 to P5 trade certificates issued in the name of M/s.Jeevan Motors for a further period of one year from 08.09.2018. The petitioner has also sought for an order directing the 1st respondent Transport Commissioner to consider and pass orders on Ext.P11 appeal filed under Rule 45 of the Central Motor Vehicles Rules, 1989 against Ext.P8 order of the 2nd respondent and also on Ext.P12 direction petition filed along with Ext.P11 appeal, within a time frame to be stipulated by this Court; and a declaration that the petitioner's firm M/s.Jeevan Motors, Vaikom is entitled for renewal of trade certificates, covered by Exts.P3 to P5, in accordance with Rule 35 of the Central Motor Vehicles Rules.

On 08.02.2019, when this writ petition came up for

WP(C)3851 OF 2019 3 admission, the learned Senior Government Pleader sought time to get instructions as to the dealership agreement, based on which the petitioner secured Exts.P3 to P5 trade certificates.

Heard the learned counsel for the petitioner and also the learned Senior Government Pleader, appearing for the respondents.

During the course of arguments, the learned counsel for the petitioner would submit that the petitioner is confining to the relief sought for in this writ petition as one directing the 1st respondent to consider and pass orders on Ext.P11 appeal filed against Ext.P8 order of the 2nd respondent and also orders on Ext.P12 direction petition filed along with Ext.P11 appeal, within a time limit to be specified by this Court.

The learned Senior Government Pleader, after referring to ground 'J' of the writ petition, would point out that, even going by the admitted case of the petitioner, the manufacturer M/s. TVS Motors Pvt. Ltd. bills the vehicles in the name of M/s.Kottayam Motors, the authorised dealer at Kottayam and when the load reaches the main dealer, the required number of vehicles are dispatched to M/s.Jeevan Motors, Vaikom and other small town dealers, in accordance

WP(C)3851 OF 2019 4 with Ext.P2 agreement with the manufacturer. Thereafter, the vehicles are sold to the actual purchaser, after collecting CGST and SGST at the prescribed rates. Per contra, the learned counsel for the petitioner, after referring to the contentions raised in ground 'H', would contend that, there is no violation of Rule 42 of the CMV Rules on account of any such concession.

The question as to whether the petitioner is entitled for renewal of Exts.P3 to P5 trade certificates is now pending consideration before the 1st respondent, who is the appellate authority. Therefore, it is for the 1st respondent to take appropriate decision on that appeal, with notice to the petitioner and after affording him an opportunity of being heard.

Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of by directing the 1st respondent to consider and pass final orders on Ext.P11 appeal filed by the petitioner, against Ext.P8 order of the 2nd respondent, within two months from the date of receipt of a certified copy of this judgment. Orders on Ext.P12 direction petition, shall be passed within a period of two weeks from the date of receipt of a certified copy of this

WP(C)3851 OF 2019 5 judgment, after affording the petitioner an opportunity of being heard. It is made clear that this Court has not expressed anything on the merits of the legal and factual contentions raised by the petitioner and also the entitlement of the petitioner to have the Trade Certificates renewed on the strength of sub-dealership agreement entered into with an authorised dealer of the manufacturer, and it is for the 1st respondent to take appropriate decision, strictly in accordance with law. ANIL K. NARENDRAN JUDGE yd

WP(C)3851 OF 2019 6 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 PHOTOCOPY OF THE REQUEST LETTER ISSUED BY M/S. TVS MOTORS TO THE REGISTERING AUTHORITY KOTTAYAM DTD 17-10-2018, CERTIFYING THAT M/S. JEEVAN MOTORS AS THEIR AUTHORIZED BONAFIDE DEALER VAIKOM. EXHIBIT P2 PHOTOCOPY OF THE EXISTING AGREEMENT EXECUTED BETWEEN M/S. TVS MOTORS LTD, AND M/S. JEEVAN MOTORS VAIKOM AUTHORIZING JEEVAN MOTORS AS THEIR AUTHORIZED DEALER AT VAIKOM FROM 01-10-2018. EXHIBIT P3 PHOTOCOPY OF THE TRADE CERTIFICATE BEARING NO. KL-05-TC-40-2015. EXHIBIT P4 PHOTOCOPY OF THE TRADE CERTIFICATE BEARING NO. KL-05-TC-41-2015. EXHIBIT P5 PHOTOCOPY OF THE TRADE CERTIFICATE BEARING NO. KL-05-TC-42-2015. EXHIBIT P6 PHOTOCOPY OF THE GST REGISTRATION ISSUED TO THE PETITIONER. EXHIBIT P7 PHOTOGRAPHS OF THE SHOWROOM AND SERVICE STATION OF M/S. JEEVAN MOTORS. EXHIBIT P8 PHOTOCOPY OF THE ORDER NO. R8/31390/2018/K. DTD 19-01-2019 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P9 PHOTOCOPY OF THE ADVERTISEMENT ISSUED MATHRUBHUMI DAILY DATED 17-01-2019 BY M/S. TVS MOTORS. EXHIBIT P10 PHOTOCOPY OF THE ADVERTISEMENT ISSUED MATHRUBHUMI DAILY DATED 23-01-2019 BY M/S. TVS. MOTORS EXHIBIT P11 PHOTOCOPY OF THE APPEAL FILED (WITHOUT EXHIBITS) FILED UNDER RULE 45 OF CMV RULES BEFORE THE 1ST RESPONDENT. EXHIBIT P12 PHOTOCOPY OF THE DIRECTION PETITION. RESPONDENTS' EXHIBITS:NILP.A. TO JUDGE