S.RUBY Vs. TRANSPORT COMMISSIONER TRANSPORT BHAVAN

JUDGEMENT

(1.) The petitioner is the registered owner of a contract carriage bearing registration No.KL-02/AM-8383, covered by Ext.P1 contract carriage permit, which is valid till 03.01.2023, in all fit roads in Kerala State, except those prohibited by any law in force. The petitioner has filed this writ petition under Art. 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P4 Circular No.11/2016 dated 12.04.2016 of the 1st respondent Transport Commissioner; a declaration that painting of figures and photos in vehicles does not amount to advertisement and as such, no fee is liable to be levied as per Rule 191 of the Kerala Motor Vehicle Rules, 1989; and a writ of mandamus commanding the 2nd respondent Regional Transport Officer, Alappuzha to release the original certificate of registration and permit of contract carriage bearing Registration No.KL- 02/AM-8383, without insisting compounding of Ext.P2 check report dated 03.02.2018 of the Assistant Motor Vehicle Inspector, Alappuzha, untrammelled by Ext.P2 check report and Ext.P4 circular. The document marked as Ext.P3 is a photograph of the petitioner's contract carriage with gigantic figures of eminent international football players all over the body.

(2.) On 12.02.2018, when this writ petition came up for admission, the petitioner was directed to produce a copy of the certificate of registration of her contract carriage bearing registration No.KL-02/AM-8383 and the learned Senior Government Pleader was directed to get instructions.

(3.) On 15.02.2018, when this writ petition came up for consideration, the learned Senior Government Pleader, with reference to the registration details of contract carriage bearing registration No.KL-02/AM-8383 pointed out that the colour of the said vehicle as per its certificate of registration is 'white with blue, gold and gray strips'. The learned counsel for the petitioner sought further time to produce a copy of the certificate of registration and accordingly the matter was adjourned.