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1986 Supreme(Ker) 115

PARIPOORNAN
ERNAKULAM DIST. PRIVATE BUS OPERATORS ASSOCIATION – Appellant
Versus
REGIONAL TRANSPORT AUTHORITY – Respondent


Judgment :-

1. There are two petitioners in this O.P. The 1st petitioner is the President of the Ernakulam District Private Bus Operators' Association. He is also the owner of a stage carriage operating within the City of Cochin. The 2nd petitioner is also the owner of a stage carriage running within the City limits of Cochin. The challenge in this case is against Ext.P1 proceedings of the 1st respondent dated 28-1-1986 insisting the installation of Electronic Speed Regulator Device in all private stage carriage vehicles limiting their speed to 50 kilometres per hour. Ext.P1 was passed after issuing notice to all stage carriage permit holders and after hearing them. The petitioners state that it is impracticable to operate the services with the electronic speed control device fitted to the bus which involves needless expenses. This is insisted with regard to buses operating within the City limits alone. This is unauthorised and illegal. S.70 of the Motor Vehicles Act envisages making of rules regulating the construction, equipment and maintenance of motor vehicles and traders and it also envisages framing of rules regarding speed governors. Under S.71 of the Act, limits of the spee





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