MURALEEDHARAN PILLAI Vs. R T O KOLLAM

JUDGEMENT

(1.) A stage carriage was registered with a seating capacity of fifty eight initially. Its owner now wishes to have the seating capacity reduced to thirty nine. The Registering Authority, before whom petitioner applied for permission to reduce the seats, declined to grant permission (vide Ext. P6). This Original Petition is in challenge of Ext. P6.

(2.) Petitioner got his stage carriage registered on 29-9-1986. Petitioner has been operating service with the said vehicle ever since that. It has been noted in the certificate of registration of the vehicle (vide Ext. P1) that its seating capacity is fifty eight. In 1990, petitioner obtained a regular stage carriage permit for conducting a town service on the route Chavara-Erampalloor. Then petitioner approached the Registering Authority for permission to reduce the seating capacity of the vehicle, but request was then rejected as per Ext. P4 order. This court quashed Ext. P4 as petitioner challenged it in O.P. 11983/91 of this Court. Learned single judge, who disposed of the Original Petition, found that the Registering Authority had not exercised his discretion legally or for valid reasons. Registering Authority again considered the matter in the light of judgment in the said Original Petition and passed the order which is impugned in the present Original Petition.

(3.) Two reasons have been advanced for refusing permission to reduce seats in petitioner's vehicle. First is that number of seats provided in the vehicle is within the permissible limit specified in Kerala Motor Vehicles Rules, 1989 (for short 'the Rules') and the second is that any further reduction in seating capacity will affect Government revenue. Learned counsel for the petitioner contended that the Registering Authority has stated the same reasons once again without adopting a fresh look on this question. A common reasoning adopted in both orders is that number of seats provided in the bus is within permissible limits specified in the Rules and the added reasons shown in the impugned order is that reduction of seating capacity would affect Government revenue. Though plenty of reasons has not been stated, it is not correct to say that Registering Authority simply repeated the same old reasons once again.