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2024 Supreme(Online)(KER) 25560
HIGH COURT OF KERALA
N. NAGARESH, J
ROHITH M.R – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) 4555/2024
THOMAS T.VARGHESE, PHILIP T.VARGHESE, ACHU SUBHA ABRAHAM, K.R.MONISHA, V.T.LITHA
Tourist Vehicles under All India Tourist Permits are classified as Contract Carriages and cannot operate as Stage Carriages, adhering strictly to permit conditions.
Headnote:
Motor Vehicles - Tourist Vehicles - Motor Vehicles Act, 1988 Sections 2(7), 2(40), 2(43), 66(1), 88(9) - The court upheld the validity of the Circular regarding the operation of Tourist Vehicles under All India Tourist Permits, clarifying that such vehicles cannot operate as Stage Carriages and must adhere to the conditions of their permits.
Fact of the Case:
Multiple writ petitions were filed by Tourist Vehicle Operators and a Stage Carriage Operator challenging a Circular issued by the Transport Department of Kerala, which imposed penalties for alleged violations of the Motor Vehicles Act regarding the operation of vehicles with All India Tourist Permits.
Issues: Whether vehicles holding All India Tourist Permits can pick up and drop passengers en route, 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 must operate under the conditions set forth in the Motor Vehicles Act, which prohibits picking up or dropping passengers not included in the contract.
Final Decision: The writ petitions were dismissed, affirming the validity of the Circular and the actions taken against the Tourist Vehicle Operators.
J U D G M E N T
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 interdict the vehi
