NANDAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Can the place of residence be an eligibility criteria for applying for a contract carriage permit? Ext.P7 is the order of the Secretary, Regional Transport Authority imposing such condition for grant of permit for autorickshaws. The same is under challenge in this writ petition.

(2.) Heard Sri.P.Deepak, the learned counsel for the petitioners and Sri.P.Santhosh Kumar, Special Government Pleader. I was taken exhaustively through the relevant provisions of the Motor Vehicles Act and Rules.

(3.) Sec. 74 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') deals with the grant of contract carriage permit. Sub-sec. 3(a) of Sec. 74 enables a State Transport Authority and a Regional Transport Authority, if directed by the Government, to limit the number of contract carriages generally, or of any specified type, operating on the city routes in towns with a population of not less than 5 lakhs. Ext.P5 is such a notification issued in terms of Sec. 74(3)(a). Thereunder, insofar as Kochi City is concerned, the permits for autorickshaws is limited at 3,600 numbers. Ext.P5 is dtd. 12/12/1995.