RASHINLAL Vs. REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) Since a common issue arises in all these Writ Appeals, they are being disposed of through a common judgment.

(2.) The appellants are stage carriage operators operating their vehicles in different Districts of the State of Kerala on the basis of stage carriage permits issued by the Regional Transport Authority concerned. They feel aggrieved by the decision of the Regional Transport Authority to introduce a new restriction that every vehicle covered by a stage carriage permit granted or renewed or counter-signed by the Regional Transport Authority shall not be of more than 15 years old reckoned from the date of its initial registration. Apprehending that they will not be allowed to operate the vehicle as a Stage Carriage on the ground that the vehicle is more than 15 years old, the appellants filed Original Petitions praying for direction to the Regional Transport Authorities not to insist on the above mentioned restriction and to allow them to operate the vehicles as stage carriages till the expiry of the period of the permit even if the vehicle is more than 15 years old. In the Original Petitions, the appellants challenged the power and jurisdiction of the Regional Transport Authorities to impose such a restriction regarding the age of the vehicle. They also contended that in the absence of such a specific condition attached to the permit issued in respect of the vehicle a new condition regarding the age of the vehicle cannot be imposed by a general decision taken by the Regional Transport Authority. It was also contended that in the light of the decision of the Division bench in Raghavan v. R.T.O. Kollam, 2001 (2) KLT 209, the vehicles should be allowed to operate as state carriages for a period of two years from the date of completing the age of 15 years. Pointing out that the period of time granted by the High court and extended by the Government expires on different dates in different Districts, the appellants alleged discrimination in the matter of enforcing the above mentioned restriction. In some cases, the petitioners also challenged the action of the respondents in granting renewal of permit only subject to the condition that the vehicle would be replaced by a later model vehicle within a stipulated period.

(3.) The Original Petitions filed by the appellants were dismissed by the learned Single Judge as per judgment dated 10th July, 2003. In the judgment dated 10.7.2003, the learned Single Judge rejected the contentions of the Writ Petitioners and directed that the Government or the State Transport Authority or the Regional Transport Authorities shall not grant any further extension of time permitting the operation of vehicles which are aged 15 years or more as stage carriages for any period beyond the time already granted by the Court and the Government. Relying on the decision of the Division Bench of this Court in O.P.No. 29922 of 2000 and connected cases reported in 2001 (2) K.L.T. 209, the learned Single Judge has held that the Regional Transport Authorities are competent to fix the age of the vehicle as a condition for grant of permit and that such a condition can be imposed by means of a general order. According to the learned single Judge, in view of the above mentioned decision of the Division Bench the Original Petitions were liable to be dismissed on merits. The learned single Judge also rejected the request for further extension of time for replacement of the vehicles. According to the learned single Judge, in the above mentioned decision of the Division Bench, a period of two years from the date of the decision of the Regional Transport Authority was granted to replace the old vehicles and hence sufficient time was given to the operators to arrange later model vehicles. The learned Single Judge has also observed that the Government had further extended the time by six months though there was no justification for such extension. The learned single Judge rejected the contention that if the old vehicles are taken out of the road without replacement by equal number of vehicles it will cause inconvenience to the public and also will lead to unemloyment of motor transport workers. According to the learned Single Judge, large number of cases are coming before the Court contending that tax paid stage carriages are remaining idle for want of permits and therefore, there will not be any difficulty in substituting the old vehicles with new vehicles. The learned single Judge is of the view that any further extension will only defeat the laudable object of public safety that motivated the Regional Transport authorities to impose such a restriction regarding the age of the vehicles operating as stage carriages. Regarding the validity of the permits consequent upon the non-replacement of old vehicles within the time granted by the court and the Government, the learned Single Judge has held that in the absence of any stipulation in the permit or in the general order issued by the Regional Transport Authorities stating that failure to replace the vehicles within the stipulated time will result in automatic cancellation of the permit, it would be open to the Regional Transport authorities to publish a general notification stating that in the event of non-replacement of old vehicles within the time stipulated by the Regional Transport Authority and extended by the Court and by the Government the permits granted would stand automatically cancelled on expiry of the due date for replacement of old vehicles. The learned Single Judge has also observed that the Regional Transport Authority may give reasonable extension for the validity of the period depending on the steps taken by the operator for purchase of chassis, construction of body, obtaining clearances etc. for resuming operation with new or later model vehicles. The learned Single Judge has further observed that in such cases, the Regional Transport Authorities should authorise the Secretary, Regional Transport authority to issue substituted temporary permit to those who are ready to operate vehicles in the said vacancies. At the same time, the learned Single Judge has directed that after 31st July, 2003 none of the stage carriage operators whose time for replacement of the old vehicles is over should be allowed to operate the vehicle which is more than 15 years old.