GRACY KURIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the holder of a regular permit on the route Pazhayarikandam-Kottayam, which was valid till 2015. The application for renewal of that permit is pending consideration. Ext.P1 is the temporary permit granted to the petitioner under Section 87(1)(d) of the Motor Vehicles Act, 1988 in respect of stage carriage bearing registration No.KL- 38/7681. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a declaration that the Kerala Motor Vehicles (1st Amendment) Rules, 2017 dated 15.03.2017 produced as Ext.P4 to the extent it prescribes a maximum distance of 140 kms for ordinary limited stop services is ultra virus Sections 69, 70, 71, 72, 80 and 81 of the Motor Vehicles Act, 1988 apart from being in violation of Articles 14, 19(1)(g) and 21 of the Constitution of India; and a declaration that the Kerala Motor Vehicles (1st Amendment) Rules, 2017 dated 23.03.2017, produced as Ext.P6 to the extent it prescribes [Rule 2 (oa)], a maximum distance of 140 kms for ordinary limited stop services is ultra virus Sections 69, 70, 71, 72, 80 and 81 of the Motor Vehicles Act, 1988 apart from being in violation of Articles 14 and 19(1)(g) and 21 of the Constitution of India. The further relief sought for is a writ of certiorari to quash Ext.P4 final amendment dated 15.03.2017 and Ext.P6 final scheme dated 23.03.2017. The petitioner has also sought for a writ of mandamus commanding the respondents to entertain Ext.P12 application for re-issue of temporary permit notwithstanding the distance embargo brought in clause (4) of the notification dated 23.03.2017.

(2.) On 12.07.2018, when this writ petition came up for admission, this Court admitted the matter on file. The learned Senior Government Pleader took notice for respondents 1 to 3. The learned Standing Counsel took notice for the 4th respondent. This Court granted an interim order directing the

(3.) rd respondent to entertain Ext.P12 application made by the petitioner for temporary permit on the route Pazhayarikandam-Kottayam, in respect of stage carriage bearing registration No.KL-38/7681 and pass appropriate orders thereon, untrammeled by Exts.P4 and P6 notifications. 3. Heard the learned counsel for the petitioner, the learned Senior Government Pleader appearing for respondents 1 to 3 and also the learned Standing Counsel for KSRTC, representing the 4th respondent.