SAINBA Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) Can the State Government ban the use of four wheeled buses to operate as stage carnages taking into consideration the safety of passengers The issue crops up in the wake of a circular issued by the State Government prohibiting the grant of stage carriage permits to four wheeled buses. The alarming number of accidents involving four wheeled buses had invited much public criticism forcing the Government of Kerala to re-think about the grant of stage carriage permits for such vehicles. A Division Bench of this court in W.A. No. 205672003 and connected cases filed against the proceedings of the Regional Transport Authority insisting for atleast six wheeled buses observed as follows:

(2.) The Secretary of the Transport (B) Department of the State in obedience to the directions in the judgment above heard the representatives of the bus owners association and collected the relevant inputs. The Government of Kerala later examined the matter in detail and prohibited the grant of stage carriage permits to four wheeled buses by G.O.(P) No. 67/2011/Tran. dated 30.11.2011. The Government Order inter alia states as follows:

(3.) The above Government Order is challenged by the permit holders and owners of four wheeled buses and Mr. K.V. Gopinathan Nair, Advocate led the arguments on their behalf in these bunch of Writ Petitions. Mr. P.M. Saneer, Government Pleader appeared on behalf of the Government of Kerala who deserves a rich encomium for the earnestness he exhibited to support the Government action.