Public safety concerns under the Motor Vehicles Act allow for reasonable restrictions on operators' rights in the interest of passenger safety.

JUDGMENT

The first petitioner in these writ petitions are registered associations of private bus operators in Kerala and the 2nd petitioner in the respective writ petitions are members of those associations, who are holding stage carriage permits, which are operated as 'city service'. They have filed these writ petitions invoking writ jurisdiction of this Court under Article 226 of Constitution of India challenging certain amendments made to the Kerala Motor Vehicle Rules, 1989, whereby door shutters are insisted for stage carriages operating as city and town services. Since common issues are raised, these writ petitions were heard together and are being disposed of by this common judgment.

2.1. W.P.(C)No.21920 of 2016:- The first petitioner, the Kerala Bus Transport Association, is a registered association of stage carriage operators in Kerala and the second petitioner is a member of that association, who is the holder of a regular permit on the route Aluva-Palluruthy, in respect of stage carriage bearing registration No.KL-07/AK-4447, which is operated as 'city service'. The petitioners have filed this writ petition seeking a declaration that the Kerala Motor Vehicles (Second Amendment) Rules, 2016 is ultra vires the Motor Vehicles Act, 1988 in particular clause (x) of sub-section (2) of Section 72 of the said Act. The petitioners have also sought for a writ of mandamus commanding the first respondent State to finalise and approve Ext.P3 draft Rules, subject to modifications and in consistence with clause (x) of sub-section (2) of Section 72 of the Motor Vehicles Act, 1988. On 26.08.2016, when this petition came up for admission, learned Government Pleader took notice for the respondents and sought time to file counter affidavit. A Counter Affidavit has been filed by the first respondent opposing the reliefs sought for in this writ petition.

2.2. W.P.(C)No.21924 of 2016:- The first petitioner, the Kerala State Private Bus Operators Federation, is a registered association of stage carriage operators in Kerala and the second petitioner is a member of that association, who is the holder of a regular permit on the route Kakkanad-Konthuruthy, in respect of stage carriage bearing registration No.KL-07/BF-6363, which is operated as 'city service'. The petitioners have filed this writ petition seeking the very same reliefs sought for in W.P. (C)No.21920 of 2016. On 26.06.2016, when this writ petition came up for admission, the learned Special Government Pleader took notice for the respondents and sought time to file counter affidavit. The learned Special Government Pleader has filed a memo dated 27.06.2018 adopting the counter affidavit filed in W.P.(C)No.21920 of 2016 as the counter affidavit in this writ petition.

2.3. W.P.(C)No.22032 of 2016:- The first petitioner, the Ernakulam District Bus Operators Organisation, is a registered association of stage carriage operators in Kerala and the second petitioner is a member of that association, who is the holder of a regular permit on the route Elamakkara-Chottanikkara, in respect of stage carriage bearing registration No.KL-07/AN-7189, which is operated as 'city service'. The petitioners have filed this writ petition seeking the very same reliefs sought for in W.P. (C)No.21920 of 2016. On 26.08.2016 when this petition came for admission the learned Government Pleader took notice for the respondents and sought time to file counter affidavit. The learned Special Government Pleader has filed a memo dated 27.06.2018 adopting the counter affidavit filed in W.P.(C)No.21920 of 2016 as the counter affidavit in this writ petition.

2.4. W.P.(C)No.36987 of 2017:- The first petitioner, the Kochi Wheelz United LLP, is an association of stage carriage operators in Kochi incorporated under the provisions of the Limited Liability Partnership Act, 2008 and the second petitioner is a member of that association, who is the holder of a regular permit on the route Aluva-Palluruthy, in respect of stage carriag