IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 6^TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946 WP(C) NO. 1960 OF 2024 PETITIONER:

M.K.RAJAN, AGED 70 YEARS, TC 20/1114(1), S/O KUNJIRAMAN, KARAMANA PO, THIRUVANANTHAPURAM, (PRESIDENT, ALL INDIA AUTO CONSULTANCY WORKERS ASSOCIATION, REGNO:TVM/TC/412/2018), PIN – 695002.

BY ADV. K.V.GOPINATHAN NAIR RESPONDENTS:

1 THE STATE TRANSPORT AUTHORITY, REPRESENTED BY THE SECRETARY, TRANS BHAVAN, VAZHUTHACAUD, THRIUVANTHAPURAM, PIN – 695001.

2 THE TRANSPORT COMMISSIONER, TRANS BHAVAN, VAZHUTHACAUD, THRIUVANTHAPURAM, PIN – 695001.

BY ADV.SRI.V.S.SREEJITH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 6^th day of June, 2024 The petitioner is the President of All India Auto Consultancy Workers Association having registration No.TVM/TC/412/2018. The members of the Association are person authorised by the owners of the vehicle having interstate permits, which is to be allowed and issued by the State Transport Authority.

2. As part of the transportation of goods, the Government of Kerala have entered into agreement with the neighboring States Tamil Nadu and Karnataka, to issue countersignature for 500 goods carriages in respect of permits issued by the State Transport Authority, Karnataka as well as State Transport Authority, Tamil Nadu, enabling to operate in the State of Kerala by way of extension of the validity of the permit. For operating those vehicles in this State, the tax is also prescribed at ₹3,000/- per year. The countersignature will become invalid if the permit holder failed to remit the said amount for the State of Kerala.

3. After obtaining permit from the State Transport Authority, Karnataka as well as State Transport Authority, Tamil Nadu, the permit holders file application before the 1^st respondent for countersignature/extension of validity of the permit by extending the facility as stated above. But, the 1^st respondent without verifying the existing vacancies and granting the same, direct the applicant to approach the State Transport Authority, Tamil Nadu and State Transport Authority, Karnataka and obtain necessary permission from them for such facility, which is absolutely unnecessary improper and without justification.

4. The petitioner's Association, which is a registered Association approved and accepted by the Government filed a detailed representation pointing out the difficulty and delay in issuing the extension of validity of permit, because of the unnecessary and arbitrary procedure requesting the 1^st respondent to pass necessary orders of procedure enabling to issue extension of validity of permit to the applicant depending upon the existing vacancies. Though Ext.P2 representation was filed for the consideration of the respondents, the same has not been considered so far. Hence, the petitioner has filed this writ petition.

5. Government Pleader entered appearance and resisted the writ petition. Subject to the conditions of the reciprocal agreement, the total number of goods, vehicles for operation on the interstate route between the state of Kerala and Karnataka on single point tax shall be fixed at 5,000 numbers of such permits issued in each State shall not exceed 5,000 numbers. There is no sealing on number of permits where double point tax is applicable.

6. The quota of such Goods Vehicle Permits of each State are to be counter signed by the other State in accordance with the proviso to sub-Section (4) of Section

88 of Motor Vehicles Act, 1988 (Central Act 59 of 1988)

shall be 5,000.

7. The Goods Carriages permit holders plying their vehicles in the reciprocating State with valid counter signature shall in addition to the Vehicle Tax due to the home State pay too the reciprocating State a tax of ₹5,000/- for Karnataka and ₹3,000/- for Tamil Nadu per vehicle per annum which shall be remitted into the account of