WP(C) NO. 13989 OF 2025 1 2025:KER:30177 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 13989 OF 2025 PETITIONER: NOUSHAD Y., AGED 46 YEARS S/O. YOUSAF, 20/500, SHEREEF MANZIL, THOTTINGAL ROAD, PUTHUPPALLY STREET, NURANI, PALAKKAD DISTRICT, (LICENSEE, ‘MICRO TEST AUTOMOBILE EXHAUST TESTING STATION, AYSHA ARCADE, SOUTH FORT ROAD, PALAKKAD DISTRICT [LICENCE NO. A1/03/2003/P; OLD LICENCE NO.3/2003])., PIN - 678004 BY ADVS. DR.V.N.SANKARJEE V.N.MADHUSUDANAN R.UDAYA JYOTHI KEERTHI B. CHANDRAN VIJAYAN PILLAI P.K. SHILPA P.S. UNNIKRISHNAN H. ASWIN P.S. SHRIYA MERLIN MAXWELL RESPONDENT/S: 1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN - 695001 2 THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, TRANS TOWER, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695014 3 THE REGIONAL TRANSPORT OFFICER, PALAKKAD, REGIONAL TRANSPORT OFFICE, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD DISTRICT, PIN - 678001 SRI. SREEJITH V.S.,GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 13989 OF 2025 2 2025:KER:30177 JUDGMENT Petitioner is engaged in the conduct of a pollution testing centre. He is aggrieved by the conditions imposed in Ext.P5 circular, and its application to the renewal of licences issued for operating Pollution Testing centres. 2. The learned counsel for the petitioner submits that this Court had considered a similar issue in W.P(C)No.19237/2024 and connected cases, and it has been held that the stipulation on Ext.P5 circular will not apply to the renewal of existing licences (on the date of the circular) and it will apply only to the grant of fresh licence on or after the date of the circular. 3. Heard the learned Senior Government Pleader also. The learned Senior Government Pleader does not dispute that the issue similar to the issue raised in this writ petition has been considered in WP(c) No.19237/2024 and it has been held that the stipulation in Ext.P5 will not apply in the case of renewal of licences issued before the date of Ext.P5. 4. Accordingly, the writ petition will stand disposed of, setting aside Ext.P4 and directing competent among the respondents to re-consider the application filed by the petitioner for renewal of his licence for the conduct of a pollution testing centre, taking note of the directions issued by this Court in WP(C) No.19237/2024. The application WP(C) NO. 13989 OF 2025 3 2025:KER:30177 shall be re-considered, as directed above, within a period of six (06) weeks from the date of receipt of a certified copy of this judgment. sd/- GOPINATH P. JUDGE Nsd WP(C) NO. 13989 OF 2025 4 2025:KER:30177 APPENDIX OF WP(C) 13989/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LICENSE HAVING NO. 3/2003 ISSUED ON 21.10.2003 BY THE 3RD RESPONDENT Exhibit P2 TRUE COPY OF THE RENEWED LICENSE TILL 27.4.2025 WITH LICENCE NO. A1/03/2003/P ISSUED BY THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE APPLICATION DATED 28.3.2025 SUBMITTED BY THE PETITIONER TOGETHER WITH RECEIPT DATED 28.3.2025 Exhibit P4 TRUE COPY OF THE ORDER DATED 29.3.2025 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P5 TRUE COPY OF THE CIRCULAR NO.13/2023 DATED 13.3.2024 ISSUED BY THE 2ND RESPONDENT Exhibit P6 TRUE COPY OF G.O.(RT) NO. 48/ 1996/ PW&T DATED 15.2.1996 ISSUED BY THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF G.O.(RT) NO. 411/ 2021/ TRANS DATED 22.11.2021 ISSUED BY THE 1ST RESPONDENT Exhibit P8 TRUE COPY OF G.O.(RT) NO. 259/ 2023/ TRANS DATED 26.6.2023 ISSUED BY THE 1ST RESPONDENT Exhibit P9 TRUE COPY OF THE ORDER DATED 29.5.2024 IN W.P.(C) NO.19237/2024 OF THIS HONOURABLE COURT Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 13.12.2024 IN W.P.(C) NO.44497/2024 OF THIS HONOURABLE COURT