P.K.SANTHOSH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners, who are contract carriage operators, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus or any other appropriate writ, order or direction retraining respondents 2 to 9 or the officers under them from compulsorily collecting penalty amounts under the guise of compounding of the offences alleged in the check reports. The petitioners have also sought for a writ of mandamus commanding respondents 2 to 9 or the officers under them to permit them to contest the charges raised in various check reports likely to be issued at the time of interception of vehicles alleging violation of any provisions of the Motor Vehicles Act, 1988 (for brevity, 'the MV Act') and the Rules made thereunder.

(2.) The 1st petitioner is the registered owner of contract carriages bearing Nos.KL-42/L-3223, KL42/L-5337, KL-09/AR- 789, KL-9/AR-879, KL-09/AF-3499, KL-09/AF-3499, KL-11/D- 3493, KL-09/V-1999, KL-09/AF-4105 and KL-09/AF-3967; the 2nd petitioner is the registered owner of a contract carriage bearing registration No.KL-16/M-6045; and the 3 rd petitioner is the registered owner of a contract carriage bearing registration No.KL-16/M-5927. The said vehicles are covered by Exts.P1 to P11 contract carriage permits issued by the Regional Transport Authority, Palakkad authorising the use of such vehicles in all fit roads in Kerala State, except those prohibited by law in force. Going by the averments in the writ petition, the petitioners are operating their contract carriages on regular engagement from Palakkad to Thiruvananthapuram, Kozhikode to Thiruvananthapuram and back and also to various other destinations in the State of Kerala, as per the booking schedule of the respective contract carriages. They are aggrieved by the frequent interference of the operation of their vehicles during night time by the officers of the Motor Vehicles Department, following an incident that happened on 21.04.2019 at Harippad and Ernakulam, wherein the passengers of the vehicle had to wait for more than two hours and thereafter, when the replacement vehicle reached the spot at Karuvatta, there was a break down. On the allegation that the crew members of the bus were attacked by three passengers and one staff member was hospitalised, Crime No.60/2019 of Harippad Police Station was registered against the passengers. In connection with some incident that happened in the very same vehicle at about 4.30 am at Vytila, Crime No.698 of 2019 of Maradu Police Station was registered, in which seven persons were arrested, and they are in judicial custody from 21.04.2019.

(3.) In paragraph 9 of the writ petition, it is averred that six contract carriages of the petitioners were subjected to checking from 25.04.2019 to 30.04.2019 on the allegation of conducting regular service between Palakkad and Thiruvananthapuram. Check report dated 28.04.2019 issued to contract carriage bearing registration No.KL-09/AR-789 is alleging contravention of Section 66 of the MV Act, punishable under Section 192A. Similar check reports have been issued on 27.04.2019 in respect of contract carriage bearing registration No.KL-16/M-5927 and on 28.04.2019 to contract carriages bearing registration No.KL-16/M-6045. On 25.04.2019, contract carriage bearing registration No.KL-09/AR-879 was issued with a check report without mentioning the alleged offence. On 28.04.2019, contract carriage bearing No.KL- 16/M5927 was issued with check reports without mentioning the alleged offence. On 24.04.2019, contract carriage bearing registration No.KL-09/V-1999 was issued with check reports alleging violation of Section 66. In the writ petition, it is alleged that, from 01.04.2019 onwards the vehicles are being detained at various points between Palakkad and Thiruvananthapuram by the officials of respondents 2 to 9 alleging various irregularities as if the petitioners are operating the vehicles as 'stage carriages'.