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2005 Supreme(Ker) 784

THOTTATHIL B.RADHAKRISHNAN
George – Appellant
Versus
State of Kerala – Respondent


JUDGMENT

Thottathil B. Radhakrishnan, J.

Petitioners are operators of stage carriages as defined in S.2(40) of the Motor Vehicles Act, 1988 (for short "the Act").

2. These Writ Petitions are filed challenging the validity of R.289 of the Kerala Motor Vehicles Rules, 1989, published as per S.R.O.No.1286/1989 (hereinafter referred to as "the Rules").

3. R.289 of the Rules, hereinafter referred to as the 'impugned rule', reads as follows:

"289. Prohibition of audio-visual or radio or tape recorder type of devices:-- No public service vehicle other than a contract carriage shall be installed with any audio-visual devices."

4. O.P.No.10181/2003 was filed in view of the check report issued by the Joint Regional Transport Officer, Kothamangalam stating that the stage carriage KL-17-4506, when stopped and checked, was found fitted with T.V. and stereo and hence, there is violation of R.289 of the Rules. The other Writ Petitions are filed anticipating action for violating the said rule. It is in this context that the petitioners challenge the said rule.

5. The impugned rule, as already noticed, is part of the Kerala Rules, made by the Government of Kerala, in exercise of the powers conferred by Ss































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