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Judgment
D. K. Singh, J
The petitioner claims to the Proprietor of Payyappilly Traders Pollution Testing Centre, Pachalam, Ernakulam. The petitioner has been conducting the said Pollution Testing Centre since 04.01.2010.
On 06.04.2024, the respondent authority checked the Pollution Testing Centre of the petitioner and found that 16 vehicles which came for having the pollution tested from emission had the same reading. 16 petrol vehicles were tested on 02.04.2024 between 13:19:03 hours to 16:53:59 hours, and all these vehicles would show identical readings. Because the Pollution Testing Centre was not functioning properly, and it was giving faulty readings of the emission, the petitioner's license had been suspended vide order dated 12.04.2024 for a period of six months.
The petitioner, instead of filing an appeal as provided under the provisions of the Government Order G.O. No. RT 48/96/PW&T
dated 15.02.1996 approached this Court with this writ petition. The Government Order dated 15.02.1996 referred to above specifically provides for an appeal before the Deputy Transport Commissioner against the order passed by the Regional Transport Officer imposing the punishment against a Pollution Testing Centre. This Court has entertained the writ petition and granted an interim order.
The learned Counsel for the petitioner submits that this Court may relegate the petitioner to the Appellate Authority.
To such a submission, the learned Government Pleader did not have much objection.
In view thereof, the present writ petition is disposed of with liberty to the petitioner to file an appeal before the Deputy Transport Commissioner within ten days from today and may also make an application for interim order. For a period of fifteen days, the interim order granted by this Court shall remain in operation. If the appeal is filed, the Deputy Transport Commissioner shall decide the appeal on
merit expeditiously.
The writ petition stands disposed of.