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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS, J
Kerala Taxi Drivers Organization [KTDO], Represented By Its Secretary, Bahulayan A.P, S/o. Parameswaran – Appellant
Versus
State Of Kerala, Represented By Chief Secretary, Government Secretariat, Thiruvananthapuram – Respondent
| Table of Content |
|---|
| 1. overview of writ petitions against sta decision. (Para 1) |
| 2. petitioners argue against conditions imposed by sta. (Para 2) |
| 3. court examines powers of sta and public consultation. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 4. legal authority for sta's decisions confirmed. (Para 10) |
| 5. writ petitions dismissed, measures in public interest. (Para 11 , 12) |
JUDGMENT :
In this batch of writ petitions, W.P.(C) Nos. 17429, 19931, 25842, 22767, 22700, 19647, 18217, 15942, 15181, 16924 and 12378 of 2025, the petitioners, who are stage carriage operators, tourist taxi operators and educational institution bus operators, challenge the decisions of the State Transport Authority (hereinafter, “STA”) dated 24.01.2025 and the circular of Transport Commissioner dated 28.04.2025 mandating the installation of cameras with driver- fatigue detection sensors, production of Police Clearance Certificate (PCC) and the installation of geo-fencing facility. Since common questions of fact and law arise for consideration, these writ petitions are heard together and are being disposed of by this common judgment.
2.1. The petitioners also urge that the impugned action is in clear violation of Rules 123 and 14
The State Transport Authority possesses statutory authority to impose safety regulations on transport vehicles, prioritizing public safety over procedural rights of individual permit holders.
The court affirmed that Regional Transport Authorities can mandate compliance with emission and design standards for stage carriage permits, such conditions are not indirect age restrictions but nece....
Permits cannot be granted to private operators on routes covered by a notified scheme according to Motor Vehicles Act, 1988, affirming the jurisdiction of the scheme over general powers.
The grant of permits to private operators on nationalized routes is prohibited under the scheme framed under Chapter IVA of the Motor Vehicles Act, 1939.
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.
The Secretary of State Transport Authority lacks jurisdiction to decide on Stage Carriage Permit applications, which must be handled by the State Transport Authority as per the Motor Vehicles Act.
The imposition of eligibility conditions for auto rickshaw permits must be backed by statutory authority; the State's requirement for knowledge of Marathi is illegal as it lacks foundation in law.
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....
(1) Replacement of vehicle covered under transport permit – Right to replace vehicle under a permit is subject to permission of Authority – Right, as well as power to grant permission, are subject to....
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