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N. NAGARESH
SARATH G. NAIR S/O V. S. GOPALAKRISHNAN NAIR – Appellant
Versus
STATE OF KERALA – Respondent
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.
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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