VIMALA RAVINDRANATH Vs. SECRETARY REGIONAL TRANSPORT AUTHORITY

JUDGEMENT

(1.) Petitioners are two operators of stage carriages in Thrissur and Palakkad Districts. Ext. P3 letter is issued to them by the first respondent. Secretary, R.T.A., directing them to provide concesions to physically handicapped persons. That communication is issued on the basis of complaints made by certain physically handicapped persons alleging that the petitioners are not extending the benefit of concession to them. By Ext. P3, the petitioners were directed to comply with G.O. (P) No. 1/87/PW & T, also by stating that the concession is allowed at the rate of 70% of the prescribed fare for physically handicapped persons and it applies to minimum fare also. The decision contained in the said letter is under challenge.

(2.) According to the petitioners, they were granted permits without imposing any condition as contemplated in Section 72 of the Motor Vehicles Act, 1988 and the Government have not framed any rule to provide for concessions to physically handicapped persons, even as per the latest revised notification regarding fair stages. It is contended that G.O. (P) No. 1/87 issued by the Government of Kerala as SRO. No. 9/87 through the Secretary to the Government in the Public Works and Transport (M) Department does not govern the field and is not saved under Section 217 of the Motor Vehicles Act, 1988. Accordingly, it is urged that Ext. P3 is issued without authority.

(3.) G.O. (P) No. 1/87/PW & T. (SRO. No. 9/87) dated 5-1-1987 was issued by the Government in exercise of the powers conferred by Clause (i) of Sub-section (1) of Section 43 of the Motor Vehicles Act, 1939, as directions to the State Transport Authority, after previous publication of the draft of the same. The directions issued in the said SRO read as follows: