Binu K S vs Union Of India & Ors.

Syam Kumar V.M., J.

Heard Smt.Girija K.Gopal, learned counsel for the Petitioner in W.P(C)No.11885 of 2024, Sri.Deepu Thankan, learned Standing Counsel for the Kerala State Road Transport Corporation and Sri.V.Tekchand, learned Senior Government Pleader.

Today, when the matter is taken up for consideration, the learned counsel appearing for the Petitioner brings to our notice G.O (P)No.3/2026/TRANS dated 20.01.2026 issued by the Transport Department, whereby an amendment has been made by incorporating Rule 98A in the Kerala Motor Vehicles Rules, 1989, with respect to renewal of certificates of registration of State Government vehicles.

The learned counsel for the Petitioner in W.P(C)No.11885 of 2024 fairly concedes that, in view of the amendment having come into effect, it would be necessary for her to challenge the sustainability of the said Rules on the ground that they are in conflict with the Central Motor Vehicles Rules, 1989.

Reserving the right of the Petitioners to approach the Court afresh, both these writ petitions are disposed of, leaving open all rights and contentions.

EXHIBIT P 1 A TRUE COPY OF NOTIFICATION ISSUED BY THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS ISSUED AS PER G.S.R. 29(E) DATED 16.1.2023

EXHIBIT P 2 A TRUE COPY OF THE NOTIFICATION NO. G.S.R. 653(E), DATED, 23RD SEPTEMBER, 2021 ISSUED BY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

EXHIBIT P 3 A TRUE COPY OF THE NOTIFICATION NO. G.S.R. 695(E), DATED, 13TH SEPTEMBER, 2022 ISSUED BY MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

EXHIBIT P 4 A TRUE COPY OF THE G.O.(P) NO.11/ 2023/FIN DATED 31.1.2023

EXHIBIT P 5 A TRUE COPY OF THE G.O. (RT) NO.100/ 2023/ TRANS DATED 9.3.2023

EXHIBIT P 6 A TRUE COPY OF THE NOTIFICATION ISSUED BY THE MINISTRY OF ROAD TRANSPORT AND HIGHWAYS AS PER G.S.R. 272(E) 05.04.2022

EXHIBIT P 7 A TRUE COPY OF THE NOTIFICATION DATED 12.9.2023 ISSUED AS PER G.S.R 663(E) ISSUED BY THE MINISTRY OF ROAD TRANSPORT

EXHIBIT P 8 A TRUE COPY OF THE G.O (RT) NO.162/ 2023/ TRANS DATED 28.4.2023 ALONG WITH ENGLISH TRANSLATION

EXHIBIT P 9 A TRUE COPY OF THE LETTER DATED 11.05.2023 ISSUED BY THE TRANSPORT COMMISSIONER TO ALL THE DEPUTY TRANSPORT COMMISSIONERS, REGIONAL TRANSPORT OFFICERS AND ALL JOINT REGIONAL TRANSPORT OFFICERS ALONG WITH ENGLISH TRANSLATION

EXHIBIT P 10 A TRUE COPY OF THE G.O.(P)NO.17/2023/TRANS DATED 27.6.2023 ISSUED BY THE GOVERNMENT OF KERALA

R2(A) TRUE PHOTOCOPY OF THE G.O.(P) NO. 11/2023/FIN DATED 31/01/2023

EXHIBIT P 11 . A TRUE COPY OF NOTIFICATION DATED 12.03.2021 ISSUED BY THE MINISTRY OF ROAD TRANSPORT AND HIGHWAY AS PER GSR 177(E) IN THE GAZETTE OF INDIA

EXHIBIT P12 A TRUE COPY OF THE REPORT DATED 08.03.2021 FILED BY THE KSRTC IN OA. 76 OF 2017 ON THE FILES OF NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE

EXHIBIT P 13 A TRUE COPY OF THE AFFIDAVIT SIGNED ON 07.07.2022 BY THEN ADDITIONAL CHIEF SECRETARY, ENVIRONMENT DEPARTMENT, KERALA AND FILED AS REPORT DATED 21.07.2022 IN OA. 76 OF 2017 BEFORE THE NATIONAL GREEN TRIBUNAL, SOUTHERN ZONE

EXHIBIT P 14 A TRUE COPY OF G.O. (RT.) NO 389/2024/TRANS DATED 28.9.2024 ISSUED BY THE 2ND RESPONDENT (ALONG WITH ENGLISH TRANSLATION)