1. Can the State Government ban the use of four wheeled buses to operate as stage carriages taking into consideration the safety of passengers? The issue crops up in the wake of a circular issued by the State Government prohibiting the grant of stage carriage permits to four wheeled buses.

2. The alarming number of accidents involving four wheeled buses had invited much public criticism forcing the Government of Kerala to re-think about the grant of stage carriage permits for such vehicles. A Division Bench of this court in W.A. No. 2056/2003 and connected cases filed against the proceedings of the Regional Transport Authority insisting for atleast six wheeled buses observed as follows:

"Being a general issue, we are of the opinion that the matter requires examination at the hands of the State Government, so that the government could pass appropriate orders, depending upon the topography of each area. It was conceded by the appellants/writ petitioners that the government have got a power under Section 113 (1) of the Motor Vehicles Act to decide such issues of general application through out the State. Since the government have power to prescribe such conditions, the government be directed to examine the various pros and cons of the matter and pass appropriate orders thereon in accordance with law. The government could issue appropriate direction which is applicable through out the State. Before passing orders, it would be appropriate that the government will hear the bus owners association."

3. The Secretary of the Transport (B) Department of the State in obedience to the directions in the judgment above heard the representatives of the bus owners association and collected the relevant inputs. The Government of Kerala later examined the matter in detail and prohibited the grant of stage carriage permits to four wheeled buses by G.O.(P) No. 67/2011/Tran. dated 30.11.2011. The Government Order inter alia states as follows:

"Government have examined the matter in detail and found that operational cost of a mini/medium or heavy stage carriages does not differ much, except in the initial investments. Vehicles with six wheels also will serve the same purpose which has lower centre of gravity and more area of contact with the road and hence more stability and reduce chances for overturning. Passengers especially the standing passengers may not be a stable load and hence the weight of the passengers may tilt the centrifugal force while negotiating curves or even while overtaking a vehicle. Overloading of vehicles cannot be controlled with the existing infrastructure of the department in all types. Vehicle with certain description of standards, restrictions, minimum comfort, maximum safety to the passengers with various facilities under rules alone can be allowed to be used as stage carriage operations. After examining the various pros and cons of the matter, it is felt there is no need to issue stage carriage permits to the vehicles having four wheels."

4. The above Government Order is challenged by the permit holders and owners of four wheeled buses and Mr. K.V. Gopinathan Nair, Advocate led the arguments on their behalf in these bunch of writ petitions. Mr. P.M. Saneer, Government Pleader appeared on behalf of the Government of Kerala who deserves a rich encomium for the earnestness he exhibited to support the government action.

5. I shall at the outset quote Section 113 of the Motor Vehicles Act, 1988 (the 'Act' for short) which clothes the Government of Kerala to issue orders akin to the one in hand and impugned in these writ petitions.

"Sec.113. Limits of weight and limitations on use --(1) The State Government may prescribe the conditions for the issue of permits or (transport vehicles) by the State or Regional Transport Authorities and may prohibit or restrict the use of such vehicles in any area or route.

(2) xxxxxxxx

(3) xxxxxxx

(4) xxxxxxx"

It is too well known that a major portion of the roads in the State of