VIJAYAN PILLAI Vs. RTO TRISSUR

JUDGEMENT

(1.) O.P. No. 10125/97, 11450/97, 938/98, 6160/98, 24201/98, 35209/2000 and 9977/2002 were filed mainly for directing the respondents, the R.T.A., the Transport Commissioner and the State of Kerala, not to issue any special permits to stage carriages for operation as contract carriages. O. P. 10125/97 was filed by the Secretary of the Kodungallur Area Drivers Union representing the owner cum driver of tax cars and contract carriages. The petitioners in O.P. 11450/97 are owners of vehicles having contract carriage permits. O.P. 35209/2000 was filed by 47 persons wherein petitioners 1 and 2 are passengers regularly travelling in stage carriages whereas petitioners 3 to 47 are owners operating their vehicles as contract carriages. O. P. 9977/2002 was filed by the Tourist Bus Operators' Association, Irinjalakuda. O.P. 938/98 was filed by the All Kerala Contract Carriage Operators' Association along with four contract carriage operators. O.P. 6160/98 was filed by the Pathanamthitta District Contract Carriage Operators' Association represented by its President and Secretary and two contract carriage operators. O.P. 24201/98 was filed by the District President of the Peoples' Union for Civil Liberty, Ayyanthole, Trichur. The common relief prayed for in all the above O.Ps. was to direct the RTOs. and the Transport Commissioner not to issue any special permits to stage carriages for operation as contract carriages. The petitioners in O.P. 938/98 and 6160/98 further prayed for quashing S.88(8) of the Motor Vehicles Act to the extent it permits the issue of special permits to stage carriages to operate as contract carriages as being illegal. Though the petitioner in O.P. 24201/98 sought for quashing the amendment to S.88(1) of the Act, the above prayer was not pressed. O. P. 9198/2002 was filed by the Kerala Private Bus Operators' Federation for quashing the circular issued by the Transport Commissioner dated 20.3.2002 prohibiting the issue of special permits to stage carriages to operate as contract carriages and also for directing them to issue special permits to stage carriages to operate as contract carriages on special occasions. O.P. 9621/2000 was filed by a company doing stage carriage operations for directing the R.T.A. to issue special permit as provided under S.88(8) of the Act in respect of the spare bus of the petitioner company.

(2.) Heard the learned counsel appearing for all the petitioners and also the learned Government Pleader. For the sake of convenience the petitioners in O.P. 10125/97, 11450/97, 938/98, 6160/98, 24201/98, 35209/2000 and 9977/2002 are referred hereinafter as petitioners and the petitioners in O.P. 9198/2002 and O.P. 9621/2000 are referred as respondents.

(3.) One of the questions arising for consideration was whether the Motor Vehicles Act contemplate the issue of a special permit to a stage carriage to operate as a contract carriage. The learned counsel appearing for the respondents submitted that the law permits the issue of special permits to stage carriages to operate as contract carriages and as such the issue of special permit for the above purpose was in accordance with law and was within the competence of the authority. S.66 of the Motor Vehicles Act says that no owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle in any public place except in accordance with the conditions of the permit granted or countersigned by the Regional or State Transport Authority or any prescribed authority authorising him the use of the vehicle in that place in the manner in which the vehicle is being used. The first proviso to sub-s.(1) of S.66 says: