BAIJU Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ appeals arise out of the common judgment of the learned single Judge dated 08.12.2016 in W.P.(C)No.18028 of 2016 and connected cases.

(2.) The appellants in W.A.Nos.7, 49, 50 and 54 of 2017 (arising out of W.P.(C)Nos.26433, 20015, 25629 and 25646 of 2016 respectively) are the manufacturers/authorised dealers of commercial passenger/goods vehicles under different categories as specified under the Motor Vehicles Act, 1988 and the Central Motor Vehicles Rules, 1989. The appellants in W.A.Nos.2511, 2512, 2513 and 2515 of 2016 (arising out of W.P.(C)Nos.40105, 40248, 40119 and 40252 of 2016 respectively ) are persons who purchased Heavy Passenger Motor Vehicle chassis fitted with diesel engines meeting the Mass Emission Standards 'Bharat Stage III' (for brevity 'BS III') for the purpose of stage carriage/contract carriage operations after body building. As per the sale certificate/tax invoice produced along with the writ petitions, they purchased chassis fitted with diesel engine meeting 'BS III' mass emission standards on 22.11.2016, 31.10.2016, 24.11.2016 and 31.10.2016 respectively.

(3.) By virtue of Ext.P1 notification, i.e., G.S.R.643(E) dated 19.8.2015, the Mass Emission Standards 'Bharat Stage IV' (for brevity 'BS IV'), as contemplated under sub-rule (15) of Rule 115 of the Central Motor Vehicles Rules 1989, has been implemented in various districts, States and Union Territories, including State of Kerala, in respect of four wheeled vehicles manufactured on and after 1.4.2016, except the four wheeled transport vehicles plying on Inter-State Permits or National Permit or All India Tourist Permits, within the jurisdiction of the said districts, States and Union Territories.