M GOPAKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner prays for a direction to declare Rule 174(2)(c) of the Kerala Motor Vehicles Rules as illegal, ultra vires and unconstitutional.

(2.) The facts leading to the filing of the O.P. are that the petitioner was granted with a regular permit on 29-12-1994 in reference to his vehicle KL-01/D 2669. The vehicle was re-possessed by the financier. Thereafter the petitioner intimated to the transport authorities that the vehicle is garaged for mechanical repairs and sought for replacement of the vehicle with another vehicle leased out to him. Before the order could be passed for the replacement the financier of the original vehicle filed objection stating that they have re-possessed the vehicle and therefore, permission for replacement was not granted. As against the refusal of the authorities to permit him to operate with the leased out vehicle, the petitioner filed O.P. No. 1335/1996 which was dismissed by me by judgment dated 5-2- 1996. The appeal W.A. No. 320/96 filed by the petitioner was also dismissed by judgment dated 15-2-1996. The present O.P. is filed challenging the rule which enables the transport authority to refuse replacement of the vehicle.

(3.) Learned counsel for the petitioner raised the following grounds in challenge to the impugned Rule (1) The Rule is contrary to Section 83 of the Motor Vehicles Act. (2) Special provisions have been made to safeguard the interests of financiers in reference to transfer of the vehicle, issue of duplicate Registration Certificate for the vehicle and renewal of permit of the vehicle. But no provision had been made against the re-placement. (3) The Rule violates the fundamental right of trade and business.