SARATH G. NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) W.P.(C) Nos.19537, 37551, 37980, 38261, 39289 and 42719 of 2023 and 4555 of 2024 are filed by Tourist Vehicle Operators. The petitioners seek to declare that the Circular No.B1/31/2023-Trans dtd. 6/6/2023 issued by the Transport (B) Department, Government of Kerala does not apply to vehicles having All India Tourist Permit and to restrain the respondents from imposing penalty on All India Permit Vehicles alleging violation of the Circular dtd. 6/6/2023 and Sec. 66(1) of the Motor Vehicles Act, 1988.

(2.) W.P.(C) No.32419/2023 has been filed by a Stage Carriage Operator. The petitioner seeks to direct the officers under the Motor Vehicles Department of the State of Kerala to take effective measures to ensure that the Tourist Vehicles issued with All India Tourist Permit under the All India Tourist Vehicles (Permit) Rules, 2023 are not operated as Stage Carriages by transporting tourists individually on the basis of separate fares paid proportionate to the distance travelled by them. The petitioner also seeks to declare that Rule 6(2) and Rule 10 of the All India Tourist Vehicles (Permit) Rules is ultravires the Motor Vehicles Act, 1988.

(3.) W.P.(C) No.38410/2023 has been filed by the Kerala State Road Transport Corporation (KSRTC), a State Transport Undertaking established under Sec. 3 of the Road Transport Corporation Act, 1950, seeking to declare that Rules 6(2), 10(1) and 13(1) of the All India Tourist Vehicles (Permit) Rules, 2023 as ultravires and to direct the Transport Commissioner to take appropriate steps against the operation of All India Tourist Permit Vehicles through the Nationalised Routes / Sector and Scheme covered area / route formulated under Chapter VI of the Motor Vehicles Act. The petitioner-KSRTC also seeks to declare that the All India Tourist Permit Vehicles holding permit under the All India Tourist Vehicles (Permit) Rules, 2023 cannot operate through the Nationalised Routes / Sector and Scheme covered area / route formulated under Chapter VI of the Motor Vehicles Act.