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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J.
SARATH G. NAIR S/O V.S. GOPALAKRISHNAN NAIR – Petitioner
Versus
STATE OF KERALA – Respondent
W.P. (C) Nos. 19537, 32419, 37551, 37980, 38261, 38410, 39289, 42719 of 2023, W.P. (C) No. 4555 of 2024
Decided On : 10-09-2024
Motor Vehicles - Tourist Vehicles - Motor Vehicles Act, 1988 Sections 2(7), 2(40), 2(43), 66(1), 88(9) - The court interpreted the definitions of Contract Carriage and Stage Carriage under the Motor Vehicles Act, emphasizing that Tourist Vehicles with All India Permits cannot operate as Stage Carriages, thus upholding the validity of the Circular issued by the Transport Department.
Fact of the Case:
Multiple writ petitions were filed by Tourist Vehicle Operators and a State Transport Undertaking challenging the applicability of a Circular regarding the operation of All India Tourist Permit vehicles as Stage Carriages, alleging violations of the Motor Vehicles Act.
Finding of the Court:
The court found that the Circular was valid and that Tourist Vehicles with All India Permits must operate as Contract Carriages, not Stage Carriages, and upheld the actions taken against operators violating this distinction.
Issues: Whether vehicles holding All India Tourist Permits can operate by picking and dropping passengers enroute, and whether the Circular issued by the Transport Department is valid.
Ratio Decidendi: The court held that a Tourist Vehicle is a Contract Carriage and cannot operate as a Stage Carriage, emphasizing the necessity of a prior contract for transportation and the prohibition against picking up or dropping off passengers not included in that contract.
Result: The writ petitions were dismissed, upholding the validity of the Circular and the actions taken against the Tourist Vehicle Operators.
JUDGMENT :
N. NAGARESH, J.
1. W.P. (C) Nos. 19537, 37551, 37980, 38261, 39289 and 42719 of 2023 and 4555 of 2024 are filed by Tourist Vehicle Operators. The petitioners seek to declare that the Circular No. B1/31/2023-Trans dated 06.06.2023 issued by the Transport (B) Department, Government of Kerala does not apply to vehicles having All India Tourist Permit and to restrain the respondents from imposing penalty on All India Permit Vehicles alleging violation of the Circular dated 06.06.2023 and Section 66(1) of the Motor Vehicles Act, 1988.
2. W.P. (C) No. 32419/2023 has been filed by a Stage Carriage Operator. The petitioner seeks to direct the officers under the Motor Vehicles Department of the State of Kerala to take effective measures to ensure that the Tourist Vehicles issued with All India Tourist Permit under the All India Tourist Vehicles (Permit) Rules, 2023 are not operated as Stage Carriages by transporting tourists individually on the basis of separate fares paid proportionate to the distance travelled by them. The petitioner also seeks to declare that Rule 6(2) and Rule 10 of the All India Tourist Vehicles (Permit) Rules is ultravires the Motor Vehicles Act, 1988.
3. W.P. (C) No. 38410/2023 has been filed by the Kerala State Road Transport Corporation (KSRTC), a State Transport Undertaking established under Section 3 of the Road Transport Corporation Act, 1950, seeking to declare that Rules 6(2), 10(1) and 13(1) of the All India Tourist Vehicles (Permit) Rules, 2023 as ultravires and to direct the Transport Commissioner to take appropriate steps against the operation of All India Tourist Permit Vehicles through the Nationalised Routes/Sector and Scheme covered area/route formulated under Chapter VI of the Motor Vehicles Act. The petitioner-KSRTC also seeks to declare that the All India Tourist Permit Vehicles holding permit under the All India Tourist Vehicles (Permit) Rules, 2023 cannot operate through the Nationalised Routes/Sector and Scheme covered area/route formulated under Chapter VI of the Motor Vehicles Act.
4. The petitioner in W.P. (C) No. 19537/2023 is the owner of nine All India Permit Vehicles registered in Kerala. The petitioner is operating Inter-state Bus services daily, mainly to and from Ernakulam to Bengaluru and Ernakulam to Chennai. Bookings for these bus services are done online. The 1st respondent issued a Circular dated 06.06.2023 regarding Contract Carriages unauthorisedly operating as Stage Carriages within the State of Kerala, adversely affecting the revenue of KSRTC and has directed to take immediate action against the violators.
5. The petitioner states that though the buses are run to and from Ernakulam to Bengaluru and Ernakulam to Chennai, all passengers do not board on the buses at the starting point and get down at the terminal point. For the sake of convenience of the passengers, they are permitted to board the buses at certain specified boarding points in the starting City and are permitted to get down from the buses at certain specified disembarking points.
6. According to the petitioner, this is permissible for the vehicles having All India Tourist Permit, in view of Rules 6 and 10 of the Motor Vehicles Rules. However, the vehicles of the petitioner are intercepted by the respondents alleging violation of the Circular dated 06.06.2023 and imposing penalty.
7. The petitioner in W.P. (C) No. 37551/2023 has four buses which are used for tourist purposes. The buses have All India Tourist Permits. The petitioner would urge that the Circular dated 06.06.2023 relates to illegal operation of Contract Carriage services in violation of the provisions of the Motor Vehicles Act and the Rules. The vehicles of the petitioner are covered by All India Tourist Permits and are not Private Contract Carriages. Coercive proceedings taken by the respondents against the petitioner’s vehicles by treating them as Contract Carriages, are not permissible. The Circular dated 06.06.2023 cannot be used to interdi
Tourist Vehicles with All India Permits must operate as Contract Carriages, prohibiting them from functioning as Stage Carriages by picking up or dropping off passengers enroute.
Special area permits granted under a scheme formulated by the State Government can authorize public service vehicles to operate as contract carriages without violating statutory provisions.
The court upheld the validity of vehicle permit conditions as per statutory rules, rejecting challenges against the age limit for replacement and confirming adherence to the applicable Motor Vehicles....
A writ of mandamus cannot be issued to direct authorities to act contrary to statutory provisions, particularly regarding the operation of contract carriages as stage carriages.
Existing holders of saved permits are entitled to renew their permits without distance restrictions until a valid new scheme is enacted, reflecting principles of legal fairness and established judici....
State Government lacks authority to impose vehicle age limit for permit issuance under the Motor Vehicles Act, 1988; such power is vested solely with the Central Government.
The State Government lacks authority to issue circulars imposing vehicle age limits for permit renewals, a power reserved for the Central Government under the Motor Vehicles Act, 1988.
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