MOHAMMED BASHEER Vs. STATE OF KERALA

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner seeking a writ of mandamus/direction in the nature of mandamus commanding the 2nd respondent to provide facility to remit application fee and EMD towards the application for Registered Vehicle Scrapping Facility as well as to receive the application of the petitioner for setting up of Registered Vehicle Scrapping Facility Centre of his own. A prayer has also been made for quashing the Government Order dtd. 9/3/2023 in Ext.P15, whereby Vehicle Scrapping Facility Centres in the State of Kerala have been limited under the Public Private Partnership (PPP) model with the 4th respondent, Kerala State Road Transport Corporation (KSRTC).

(2.) The Central Government in exercise of the powers conferred under sub-Sec. (1) of Sec. 212 of the Motor Vehicles Act, 1988 has framed the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021 ["Rules", for short]. The said Rules provide for setting up of Vehicle Scrapping Facility Centres by a registered person, firm, society, trust or Company. The "registration authority" has also been defined under the Rules as the officer not below the rank of the Commissioner (Transport) as designated by the State Government or Union Territory. The powers and duties of registered vehicle scrapping facility have been prescribed in Rule 4 of the Rules. The conditions of eligibility for Registered Vehicle Scrapping Facility are provided under Rule 5. It provides that the Registered Vehicle Scraping Facility may be owned and operated by any legal entity, be it a person, firm, society, Company or trust established in accordance with law with the documents mentioned in the said Rule. The procedure for registration for Registered Vehicle Scrapping Facility is provided in Rule 6 of the Rules. Thus, from a perusal of the said Rules, it can be seen that a complete code has been provided by the Central Government for registration of Vehicle Scrapping Facility Centres and the persons, who can set up such Facility Centres. Any registered person or legal entity, such as individual, firm, society, Company or trust is entitled to set up a Vehicle Scrapping Facility as per the Rules framed by the Central Government under the Motor Vehicles Act, 1988.

(3.) Government of Kerala has issued Government Order dtd. 9/3/2023, Ext.P15. Under the said Government Order, the State Government has taken a decision to appoint KSRTC as the implementing agency to establish and operate the Registered Vehicle Scrapping Facility Centres in the State of Kerala, in accordance with the conditions stipulated in the Rules framed by the Central Government. The Government Order further directed that the CMD, KSRTC shall take necessary steps for floating tender/EOI for setting up the Vehicle Scrapping Centres in Public Private Partnership (PPP) model utilizing the land, water, electricity and other facilities of KSRTC, for the purpose.