The State Transport Authority has the power to prescribe a uniform colour code for contract carriages under the Motor Vehicles Act, 1988, and such regulations are subject to reasonable restrictions in the interest of public safety.

JUDGMENT :

(Easwaran S., J.)

This intra-court appeal arises out of the dismissal of WP(C)No.26512/2022 by judgment dated 23.12.2022. We are called upon to consider whether the State Transport Authority constituted under the Motor Vehicles Act, 1988 by the State of Kerala has the power to prescribe uniform colour code to contract carriages.

2. The brief facts for the disposal of the appeal are as follows:

The petitioners are the registered owners of heavy motor passenger vehicles classified as contract carriages. The vehicles are registered under the provisions of Chapter-IV of the Motor Vehicles Act with the registering authorities, who are arrayed as respondents 4 to 6 in the writ petition. The petitioners hold valid regular permits for five years. During 2020, the State Transport Authority decided to implement uniform colour code to all contract carriages plying in the State with effect from 1.3.2020. The colour code prescribed is :

“the contract carriage vehicle shall be painted in white colour (hex colour value= #ffffff) with a violet (hex Colour value= #5100a3) ribbon of 10 centimeters width with a metallic gold (hex colour value=#eecc5d) ribbon of 3 centimeters width above the violet ribbon (with a gap of 1 cm) at the centre of the exterior of the side body. The name if any may be painted at the top of the front side of the vehicle with a normal font with size not more than 12 inch in white colour”

Ext.P3 proceedings was questioned initially by the appellants/petitioners on the ground that the same was issued without jurisdiction since the meeting of the authority was convened without the requisite quorum. WP(C) No.6680/2020, filed by the appellants was allowed by the Single Bench by Ext.P4 judgment and the State Transport Authority was directed to reconsider the issue. The question of the jurisdiction of the State Transport Authority to issue such directions was however left open. Thereafter, the 1^st respondent by Ext.P5 decided to implement the uniform colour code. Challenging Ext.P5, the petitioners approached this Court in the present writ petition. The learned Single Judge, who considered the writ petition, accepted the statement made across the bar by the learned Government Pleader that the notification regarding implementation of uniform colour code has been upheld by this Court and, hence, rejected the claim of the petitioners and dismissed the writ petition.

3. It is contended before us by the appellants that the statement made across the bar by the learned Government Pleader was, in fact, concerning the stage carriage for which the petitioners/writ appellants have no grievance at all. Insofar as the appellants are concerned, they are the holders of permits for contract carriages, which stands on a different footing. The primary challenge to the proceedings initiated by the State Transport Authority is on the ground that the State Transport Authority cannot decide on the uniform colour code without any enabling provision either under the provisions of the Motor Vehicles Act, 1988 or under the provisions of the Kerala Motor Vehicles Rules, 1989.

4. Heard Sri.K.V.Gopinathan Nair, the learned counsel appearing for the appellants/petitioners, and Sri.V.K.Shamsudheen, the learned Senior Government Pleader appearing on behalf of the State.

5. The learned counsel for the appellants, Sri.K.V.Gopinathan Nair, questioned Ext.P5 on the ground that the State Transport Authority does not have jurisdiction to issue such direction in the absence of any statutory backing. Reliance is placed on Section 74 of the Motor Vehicles Act, 1988, by which the power of the Regional Transport Authority specifying the conditions for plying the stage carriages, including the uniform colour is provided. However, it is contended that insofar as the contract carriages are concerned, the said power is conspicuously absent under Section 74 of the Motor Vehicles Act.

6. On the other hand, the learned Government Pleader appearing on behalf of the State Sri.V