CHANDRAMATHY C.G. Vs. STATE OF KERALA

JUDGEMENT

(1.) HEARD learned counsel for the appellants as well as learned Government Pleader Sri. Davis. These two appeals arises out of a common judgment dated 07/06/2012. One Association representing the Kerala Autorickshaw Drivers' Welfare Association, Pathanamthitta, approached the learned Single Judge in W.P. (C) 11644 of 2012 and so also a particular owner and driver of an autorickshaw approached the learned Single Judge in W.P. (C) 12000/2012, seeking the following reliefs:

(2.) THE challenge in the Writ Petition was against the action of Pathanamthitta Municipality laying condition for grant of permit that the front portion of autorickshaws shall be painted in cream yellow colour and the rest of the body in black. In other words, Municipality took a decision to request the Transport Authority to issue permits to only such autorickshaws which comply with the above directions, within the limits of town. Aggrieved by the same, the Writ Petitioners approached the learned Single Judge contending that the stipulation of the Municipality is in utter violation of Rule 295 of Kerala Motor Vehicles Rules of 1989.

(3.) APART from indicating 32 parking places with code numbers and also with single or two digits numbering from 1 to 32, other decisions also with regard to the painting of the front portion of autorickshaws in cream yellow colour, in order to ensure visibility from long distance during night was taken. Certain directions were also given to complete the implementation of the decision to paint all autorickshaws covered by town permit at Adoor and Thiruvalla within a time frame. It is the contention of the writ petitioners/appellants that as per Rule 295, only the hood portion is required to be painted in cream yellow, therefore, the front portion of autorickshaws if painted in cream yellow is nothing but violation of Rule 295. Rule 295 of Kerala Motor Vehicles Rules reads as under: