MARSON CHERIYAN Vs. THE TRANSPORT COMMISSIONER

JUDGEMENT

(1.) PETITIONER is aggrieved with the non -renewal of authorization for three vehicles, having national permit bearing Reg. Nos. KL 08 AZ 47, KL 08 AZ 92 & KL 08 AZ 1508. Admittedly, two vehicles were purchased in the year 2012 and one in 2013, as is indicated in Exts. P1 to P3. The national permit for the vehicles were also obtained respectively for the years 30.11.2012 to 29.11.2017, 30.11.2012 to 29.11.2017 and 3.1.2013 to 2.1.2018. The petitioner, by Exts. P7 to P9, applied for renewal of the same, but the application was rejected by Ext. P13. All the three vehicles had authorisation earlier.

(2.) EXT . P13 order was passed, based on a complaint regarding the aforesaid vehicles and speaks of an enquiry having been conducted by the Motor Vehicles Inspector, Thrissur. The Motor Vehicles Inspector, who conducted inspection, reported that, the vehicles do not comply with the provisions of Rule 90(4) of the Central Motor Vehicles Rules, 1989. The application for re -issue of authorisation in respect of all the three vehicles were rejected. Ext. P13 also directed to show cause as to why the permit and registration certificate of the vehicles should not be cancelled.

(3.) A reading of sub -rule (4) would indicate that, the Secretary has, while interpreting the rule, taken up by himself to decide upon the degree of comfort which an extra driver would have in compliance of sub -rule (4). Definitely, the mandate in sub -rule (4) was not an empty formality and there should be space for a person to stretch himself and sleep for which the clear mandate of the statute warrants, which, definitely, the petitioner's vehicle complies with. The photographs produced with respect to the other vehicles obviously are of bigger lorries and it would have been appropriate for the Secretary, RTA to have compared the same with a vehicle of the very same description. This Court, on going through the report and also the photographs produced, is not convinced that the petitioner's vehicles do not comply with the standards prescribed under the Central Motor Vehicles rules.