Manjula Chellur, C.J.

W.P.(C).No. 29975 of 2007:

1. This Writ Petition is filed by a public spirited person as pro bono publico seeking the following reliefs:

“i. issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent not to grant/renew permit to old vehicles of more than 15 years old to run as educational institution buses;

ii. issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to cancel the permits already issued to old buses which are 15 years old to run as school buses;

iii. issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent to consider and pass orders on Ext.P2 with sufficient opportunity of hearing the petitioner.

iv. issue such other writ, order or directions as this Hon'ble Court deems fit to be granted in the circumstances of the case including cost of the petitioner.

2. The main allegation is against Regional Transport Authority, Kozhikode in granting permission to old and almost abandoned stage carriages to run as educational institution buses in the district of Kozhikode and other parts of the State. According to the petitioner, when various district authorities had taken a decision to limit the age of stage carriages as 15 years as per Exhibit P1, the same came to be questioned before the Court and the decision taken by the Regional Transport Authority was upheld by the Court granting three months time to the owners to replace the old vehicles, which were 15 year old. According to the petitioner, the Regional Transport Authority has such power under Section 72(2) of the Motor Vehicles Act, 1988 restricting age of the vehicle depending upon the facts and circumstances.

3. Since there was a decision not to allow the stage carriages to be operated after 15 years age, the very same old buses being run as educational institution buses is much more dangerous than running as stage carriages, as those buses are used for carrying staff, faculty and especially the students of the institution. What is applicable to stage carriages must also apply to contract carriage or private buses or educational institution buses. According to him, fixing age limit if justifiable in such carriages it is also justifiable more so in educational institution buses.

4. Apart from the above grounds, he also raised another serious ground, pollution in environment on account of fumes and other gases left into the environment by these buses on account of their old age. According to the petitioner, as per the law declared by the Apex Court, it is the duty of every one to give pollution free environment, especially air, water and soil, which are necessary for existence of human life. Various Bills placed before the Rajya Sabha and Lok Sabha in this regard are brought on record. According to him, after coming into force of 1988 Act, various suggestions and representations were received from transport operators and members of public regarding operation of some of the vehicles. The important suggestions made by the Transport Development Council are also brought on record to substantiate the relevancy for fixing a particular age for the educational or other type of buses as indicated above. He also contends that old model passenger vehicles, which may be packed with passengers and run in competition with other vehicles on roads, emit pollutants violating exhaust emission standards, causing danger not only to the environment, but also to the passengers and school children, who travel in these vehicles. With these averments contending that it is the bounden duty of the owner of the vehicle to cause comfort and convenience by replacing the old vehicles by latest models, the petitioner has approached this Court. As a matter of fact, this Writ Petition is the earliest one in the series. Subsequent to filing of this Writ Petition and also during pendency of this Writ Petition, various authorities from diffe