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2022 Supreme(Online)(KER) 19778
HIGH COURT OF KERALA
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
AHAMMED SHAFI
– Appellant
Versus
THE ASSISTANT MOTOR VEHICLE INSPECTOR – Respondent
WA 1867 2022
K.V.GOPINATHAN NAIR, K.P. HARISH
The court affirmed that adherence to the uniform colour code for contract carriages is mandatory regardless of the status of fitness certificates, emphasizing regulatory compliance.
Headnote:
Colour Code - Contract Carriage Regulation - Kerala Motor Vehicles Act, 1989; Rule 264, Rule 107 - The court upheld the enforcement of a uniform colour code for contract carriages, ruling that existing fitness certificates do not exempt compliance with the new regulations, as specified in the relevant rules and prior judgments.
Fact of the Case:
The petitioner, owner of two contract carriage vehicles, challenged the enforcement of a new colour code prior to the renewal of fitness certificates. The vehicles' fitness certificates were valid, and the petitioner argued for a grace period until their renewal dates, citing prior government orders.
Finding of the Court:
The court found the imposition of the colour code valid and emphasized that the regulations are clearly stated within the Motor Vehicles Rules. The court agreed with the government's phased implementation approach to ease financial burdens on vehicle owners during a pandemic.
Issues: Whether the enforcement of a uniform colour code before the renewal of fitness certificates for contract carriages was legal and justified.
Ratio Decidendi: The court established that the notification for the colour code, upheld by earlier judgments, takes precedence and must be complied with, irrespective of existing fitness certificates.
Final Decision: The writ appeal was dismissed.
JUDGMENT
Dated this the 21st day of December, 2022 S.Manikumar, C.J.
Before the writ court, petitioner in W.P.(C)No.39358 of
2022 has sought for the following reliefs:
“i) To quash Exhibit P5 and Exhibit P6 to the extent it directs the petitioner to comply colour code in respect of petitioners contract carriages KL 38/H 9003 and KL 38/H 8200 by the issuance of a writ of certiorari or any other appropriate writ, direction or order.
ii) To declare that the petitioner is entitled for time till the renewal of certificate of fitness in respect of petitioners contract carriages KL 38/H 9003 and KL 38/H 8200 for effecting colour code in the light of Exhibit P8 order issued by the 3rd respondent.
iii) To dispense with the filing of translation of vernacular documents.”
2. Short facts leading to the filing of the writ petition are as under:
2.1. Petitioner is the registered owner of heavy contract carriage vehicles with registration Nos.KL-38/H-9003 and KL- 38/H-8200. The vehicle KL-38/H-9003 is a 2019 model vehicle registered on 17.02.2020. The said vehicle is having fitness certificate issued as per section 56 of the Motor Vehicles Act which is valid up to 16.02.2024. A regular contract carriage permit is issued in respect of the vehicle on 03.10.2022 which is valid up to 02.10.2027. Contract Carriage KL-38/H-8200 is a 2019 model vehicle registered on 10.01.2020 and having valid certificate of fitness up to 09.01.2024.
2.2. On 29.11.2022, when these vehicles were proceeding to Sabarimala with pilgrims, while passing Thripunithura, the 1st respondent attached to Sub Regional Transport OfÏce, Thripunithura, checked the vehicles and issued CFX (Suspension of Fitness Certificate) notice under Rule 107 of the Kerala Motor Vehicles Rules, stating that the vehicle shall not be used in a public place for the reasons mentioned therein as per Exhibits P5 and P6. The 3rd respondent by Exhibit P7 decided to implement colour code with effect from 01.01.2022 for new contract carriages. In the case of other contract carriages, the colour code specified shall be complied from the date of renewal of certificate of fitness. The 3rd respondent thereafter considered the same and the implementation of the colour code specified in Exhibit P7 from 01.01.2022 has been decided to give effect only from 01.06.2022 as could be evident from Exhibit P8. Therefore, the implementation of colour code in respect of contract carriages govern Exhibits P7 and P8 and the decision taken as per Exhibit P8 in implementing the colour code with effect from 01.06.2022 holds and governs the field. In respect of petitioner’s vehicle, the certificate of fitness is valid upto 16.02.2024 and
09.01.2024 respectively.
3. After considering the rival submissions, in particular, the notification promulgated by the Government regarding the change of colour code, which has already been upheld by this court, writ court, vide judgment dated 06.12.2022 in W.P. (C)No.39358 of 2022, dismissed the writ petition as hereunder:
“I have heard the learned counsel for the petitioner and appraised the paperbook and of the view that there is no force and merit in the contentions for issuing directions to the respondents permitting the petitioner to ply the vehicle without adopting the uniform colour code owing to the fact that the said notification has already been upheld by this Court. The petitioner has already undertaken before this Court for removal of the fancy light and music system as also driver would be in possession of all the requisite documents much less would follow the uniform code. In case the petitioner changes the colour code, he will be at liberty to submit a request for inspection of the vehicle and thereafter the directions issued by the respondents interdicting the plying of the aforementioned vehicle can be recalled.”
4. Being aggrieved, instant writ appeal is filed on the grounds inter alia as follows:
a) The 3rd respondent by Exhibit P7 decided to implement colour code with effect from 1.1
