Court balances infrastructure project execution against transport regulations compliance, allowing operational permits under specified conditions.

JUDGMENT

The petitioner is stated to be a partnership firm engaged in civil construction works and is stated to be executing infrastructure development projects across different states in India. It is submitted that the petitioner was awarded a work order by the National Highways Authority of India (NHAI) for the execution of the project titled “Rectification of 11 Nos. Blackspots/ Accident spots under Annual Road Safety Plan for 2023-2024 in the stretch of Walayar – Angamaly Section of NH-544 in the State of Kerala on EPC mode.” The said work was awarded to the petitioner under their bid dated 28.12.2023, which was accepted by the authority upon finding the petitioner's bid to be the lowest evaluated and substantially responsive, for a total contract value of Rs.383.04 Crores. The Letter of Acceptance also directed the petitioner to furnish the Performance Security amounting to Rs.11,49,12,000/- as pr the terms of the Request for Proposal.

2. The petitioner essentially complains that the officers under the Regional Transport Office, Thrissur, are interrupting their work while transporting construction materials and operating specialised machinery along various points of NH-544 in the State of Kerala. The petitioner further submits that they had mobilised construction vehicles and equipment registered in Tamil Nadu, possessing valid permits issued by the Tamil Nadu State Transport Authority and those vehicles have entered Kerala solely for the purpose of executing the NHAI work and the applicable motor vehicle tax has been duly paid in accordance with the Kerala Motor Vehicle Taxation Act, 1976. The writ petition challenges the challans penalising the petitioner's vehicles and also for a direction to restrain respondents 2 to 4 from interfering with or obstructing the movement of the petitioner's vehicles bearing Tamil Nadu registration numbers.

3. Upon admission of the writ petition, this court had passed an order on 22.05.2025, which reads as follows: “Learned Government Pleader takes notice for respondents 1 to 4. Learned CGC takes notice for the 5^th respondent. There will be direction to the Government Pleader to get instructions as to whether there are any tax arrears in respect of the 17 vehicles stated to be used by the petitioner company. Post on 26.05.2025.”

4. Thereafter, this court directed the petitioner to implead the RTO (Enforcement), Palakkad, and RTO (Enforcement), Thrissur. As per order dated 30.06.2025 the petitioner was directed to file an affidavit undertaking to pay the tax applicable under the Kerala Motor Vehicles Taxation Act , 1976 and also undertaking to apply for a temporary permit as stipulated under Section 87 of the Motor Vehicles Act . The petitioner, on the basis of the above direction, has filed an affidavit on 01.07.2025 which reads as follows.

“ 1. I am the Managing Partner of the petitioner firm in the above writ petition and am duly authorised to swear this affidavit on its behalf.

2. In compliance with the direction issued by this Hon’ble Court in the order dated 30.06.2025 in W.P.(C) No. 18804 of 2025, I hereby undertake the following on behalf of the petitioner firm:

a. To pay the motor vehicle tax applicable to the class of vehicles deployed by the petitioner, as specified in the Schedule to the Kerala Motor Vehicles Taxation Act , 1976, in advance, for every quarter, commencing from 01.07.2025, for the period during which the vehicles are operated within the State of Kerala.

b. To apply for temporary permits under Section 87 (1) (b) or (c), as the case may be, of the Motor Vehicles Act , 1988, for each period of four months. Such applications will be made in accordance with the provisions of the Act and Rules, and all requisite formalities for the grant of s