JIJITH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners, who are operating contract carriages bearing registration Nos. KL-45/R-959 (wrongly typed as KL-45/F-959 in the writ petition), KL-44/D-7473 and KL-17/N-7374 respectively, have filed this writ petition under Article 226 of the Constitution of India, seeking writ of certiorari to quash Exts.P1 to P3 notices issued by respondents 5 and 6 and seeking a declaration that the issuance of Exts.P1 to P3 notices are violative of Articles 14, 19 and 21 of the Constitution of India and therefore, void, inoperative and unenforceable. The petitioners have also sought for a writ of mandamus forbearing the respondents from taking any further steps pursuant to Exts.P1 to P3 or otherwise forbidding the petitioners from installation or using of facilities of video or audio equipments for passengers in their contract carriages (wrongly stated as tourist buses in the statement of facts and in relief No. iii) bearing registration Nos. KL-45/R-959, KL-44/D-7473 and KL-17/N-7374.

(2.) On 01.08.2018, when this writ petition came up for admission, the learned Senior Government Pleader was directed to get instructions.

(3.) On 03.08.2018, the learned Senior Government Pleader was directed to ensure that an affidavit of the 5 respondent, who has issued Exts.P2 and P3 notices shall be placed on record by 08.08.2018. It was also ordered that the affidavit of the person, who has issued Ext.P1 notice shall also be placed on record by that day.