IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 WP(C).No. 4063 of 2008(H) ------------------------- PETITIONERS: ------------ 1. RONY JOSE VARGHESE, CHULLICKAL HOUSE, ALISSERY WARD,ALAPPUZHA DISTRICT 2. RAJASREE JAYAKUMAR,CHINNOOS CORNER NORTH OF KANNAN VARKEY BRIDGE, ALAPPUZHA. 3. PONNAMMA SURENDRAN, VELIMPRAMBIL HOUSE MACHIPLAVU P.O.,ADIMALY IDUKKI DISTRICT. 4. D.SURENDRAN, VELIMPARAMBIL HOUSE MACHIPLAVU P.O.,ADIMALY IDUKKI DISTRICT. 5. RAJESH RAJAGOPAL, ATUTO TEST NEAR CIVIL STATION CALICUT 20 6. CHACKO VARGHESE, ABHILAS AUTO MOBILES OLAMATTOM, THODUPUZHA IDUKKI DISTRICT. 7. K.ANILKUMAR,'PRASANNALAYAM' PAZHAVEED P.O., ALAPPUZHA DISTRICT. 8. SARATH SENAN,INDRAPRESTHAM AUTO SERVICE & POLLUTION TESTING CENTRE, KALAVOOR PO, ALAPPUZHA DISTRICT. 9. K.C.SUDARMINI, KONATTUSSERIL KADAKKARAPPALLY PO, CHERTHALA ALAPPUZHA DISTRICT. WPC 4063/08 -2- 10. N.UNNIKRISHNAN, SYSTEM EMISSION TESTING CENTRE, SOPPUPADY, THALAVADY PO, ALAPPUZHA DISTRICT. 11. E.X.CLEETUS, HIGHWAY POLLUTION TESTING CENTRE, NEAR PETROL BUNK, CHANDIROOR PO ALAPPUZHA DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENTS: ------------- 1. UNION OF INDIA , REP. BY ITS SECRETARY TO GOVERNMENT, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, NEW DELHI. 2. STATE OF KERALA REP.BY ITS CHIEF SECRETARY TO GOVERNMENT, GOVT SECRETARIAT THIRUVANANTHAPURAM. 3. THE TRANSPORT COMMISSIONER TRANSPORT COMMISSIONERATE OF KERALA THIRUVANANTHAPURAM. 4. THE REGIONAL TRANSPORT OFFICER ALAPPUZHA. 5. THE REGIONAL TRANSPORT OFFICER IDUKKI. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GOVT.PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2008, ALONG WITH WPC NO.4896/08, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = = W.P.(C) Nos. 4063 & 4896 of 2008 = = = = = = = = = = = = = = = = Dated this the 11th February, 2008 J U D G M E N T W.P.(C) No. 4063/08 The prayer sought for in this writ petition is for quashing Exts.P16 and P17(a) and for a direction to the respondents not to interfere with the functioning of the testing centres run by the petitioners for not introducing the facilities mentioned in Ext. P10, since according to the petitioners such upgradation is purely optional. This very issue was considered by this Court in the writ petition filed by the Association of Authorised Testing Stations for Motor Vehicles (Kerala) by judgment in W.P.(C) No. 30126/07. 2. Petitioners contend that the existing testing centres are entitled to continue testing of the vehicles with the existing equipments having Euro I standard. In this context petitioner refers to Ext. P12 in W.P.(C) No. 4063/08, particularly clause B(1) thereof. Having gone through the aforesaid provision, I am not in a position to agree with the counsel in his submission. Aforesaid clause provides that testing centres with the existing equipments will be W.P.(C) Nos.4063 & 4896 OF 2008 - 2 - permitted to test all machines manufactured before the introduction of Bharath stage II, using two gas analyzer after necessary upgradation and calibration of the equipment. In my reading of this provision, unless the petitioners upgrade and calibrate their equipment they cannot continue testing as canvassed by the writ petitioners. In view of this, I do not find any merit in the writ petition. Writ petition fails and is dismissed. W.P.(C) No. 4896/08 In W.P.(C) No. 4896/08 also identical questions are raised. In view of the reasoning contained in my judgment in W.P.(C) No. 4063/08 this writ petition is only to be dismissed and I do so. ANTONY DOMINIC JUDGE jan/-