Balakrishnan Nair, J.

WA No.1724/09

The Writ Petitioner is the appellant. The Writ Petition was filed, challenging Ext.P6 order of the Government, withdrawing Ext.P2. The learned Single Judge dismissed the Writ Petition. Hence this appeal. The brief facts of the case are the following :

2. The appellant is an Association of Petroleum dealers in Thrissur district. It is plying tanker lorries for the transport of petroleum products. How the vehicles, transporting dangerous and hazardous materials should be painted, is provided in Rule 90(1) of the Central Motor Vehicles Rules, framed by the Central Government, in exercise of its power under S.110(1)(l) of the Motor Vehicles Act, 1988. The said statutory provision reads as follows :

"90. Additional Conditions for national permit : The national permit issued under subsection (12) of Section 88 shall be subject to the following additional conditions namely :

(1) The vehicle plying under a national permit shall be painted in dry leaf brown colour with thirty centimetres broad white boarders and the words "National Permit" shall be inscribed on both sides of the vehicle in bold letters within a circle of sixty centimetres diameter. Provided that the body of a tanker carrying dangerous or hazardous goods shall be painted in white colour with a dry leaf brown ribbon of 5 centimetres width around in the middle at the exterior and that the driver's cabin in orange colour." (emphasis supplied)

Sub-section (3) of S.110 of the Motor Vehicles Act enables the Central Government to relax the rigour of any rule framed under Chapter VII of the Motor Vehicles Act. S.110

comes under Chapter VII. The said sub-section also enables the State Government to exempt any of the rules framed by the Central Government under Chapter VII of the Motor Vehicles Act, subject to any conditions that may be prescribed by the Central Government. Sub-section (3) of S.110 of the Motor Vehicles Act reads as follows :

"Notwithstanding anything contained in this section -

(a) the Central Government may exempt any class of motor vehicles from the provisions of this Chapter ;

(b) a State Government may exempt any motor vehicle or any class or description of motor vehicles from the rules made under sub-section (1) subject to such conditions as may be prescribed by the Central Government."

The State Government have also framed Rule 304 of the Kerala Motor Vehicles Rules, 1989, governing painting of vehicles, carrying hazardous and dangerous goods. The said rule reads as follows :

"304 - Painting: Every goods vehicles shall be painted in Highway yellow colour either fully or its front and rear portion in highway yellow colour :

Provided that the body of a goods carriage used to carry dangerous or hazardous goods shall be painted in white colour with a dry brown leaf ribbon of 5 cm. Width around in the middle at the exterior and that the driver's cabin in orange colour :

Provided also that this rule shall not apply to goods vehicles covered by National Permits, Composite Permits and goods vehicles belonging to the Police Department and the goods vehicles temporarily registered under S.43 of the Act." (emphasis supplied)

The first proviso to Rule 304 is, in fact, a re-production of the proviso to sub-rule (1) of Rule 90 of the Central Rules, which we have already quoted hereinabove. Rule 334 of the Kerala Motor Vehicles Rules, 1989 empowers the State Government to grant exemption from the operation of any of the provisions of the Rules in Chapter VII of the Kerala Motor Vehicles Rules, including Rule 304.

3. On the motion made by the third respondent Hindustan Petroleum Corporation, the Government issued Ext.P2 order, invoking its power under Rule 334 of the Kerala Motor Vehicles Rules, exempting the vehicles of the third respondent Company from the operation of Rule 304. The said order reads as follows :

"Rule 304 of the Kerala Motor Vehicles Rules 1989 has been amended in the G.O. read above, specifying the colo