G. NAGARAJ Vs. GOVERNMENT OF KERALA

JUDGEMENT

(1.) In all these writ petitions, a common issue arises for consideration, and hence, the writ petitions are disposed by this common judgment. For the sake of convenience, the reference to facts and exhibits is from W.P.(C).No.15290/2018.

(2.) The petitioners in all these writ petitions are holders of regular stage carriage permits on inter-state routes covering the State of Kerala and Tamil Nadu. The permits were issued to them by the State Transport Authority [STA] having jurisdiction over the place where the petitioners reside, or over the area where the principal place of business of the petitioners was situated, and the said permits were also countersigned by the STA in Tamil Nadu. It would appear that by a decision taken by the STA, Kerala on 4.1.2018, it was decided to implement a uniform colour code to different classes of stage carriages operating through out the State such as City/Town, Mofussil/Ordinary Services and Limited Stop Ordinary Services. The colour code was to be as follows:

(3.) In the writ petitions before me, it is the case of the petitioners that they are holders of regular stage carriage permits on inter-state routes, and while Ext.P3 decision of the STA does not expressly refer to the adoption of uniform colour code for inter-state stage carriages, they have been directed to adhere to the said colour code at the time when they approached the registering authority for various services under the Motor Vehicles Act and Rules. The contention in the writ petitions, in its challenge against the action of the respondent statutory authorities is essentially two-fold. Firstly, it is contended that the STA does not have the power to insist on a colour code in respect of stage carriage vehicles plying inter-state. Secondly, it is contended that even assuming that such a power can be read in to the general power enuring to an authority granting permit to prescribe conditions for the grant of permit, the insistence of the same colour code as applicable to like services when operated intra-state, in the case of vehicles operating inter-state, would be irrational inasmuch as it would not fulfill the objective sought to be attained by the permit granting authority.