MOHAMMED HUSSAIN Vs. SECRETARY

JUDGEMENT

(1.) The petitioner, who is stated to be the owner of a stage carriage bearing Registration No.KL-07/AX-5357, which is being plied on the route Thattappally - Valaiyzaheekal, in the vacancy of the stage carriage No.KL-17/C-79, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondent to consider Ext.P2 application made by the petitioner for re-issue of temporary permit on the route Thattappally - Valaiyzaheekal, without any delay, in continuation of Ext.P1 temporary permit, which is valid upto 04.06.2019.

(2.) Heard the learned counsel appearing for the petitioner and also the learned Government Pleader appearing for the respondent.

(3.) In Jijith v. State of Kerala and others [2019 (1) KHC 463], this Court held that a transport vehicle fitted with unauthorised lights cannot be treated as a vehicle which complies with the provisions of the Motor Vehicles Act, 1988 and the Rules made thereunder, for the purpose of grant of certificate of fitness. The paintwork of every transport vehicle shall be maintained in a clean and sound condition, as contemplated by Rule 264 of the Kerala Motor Vehicles Rules, 1989. While approving the matter intended to be exhibited on the vehicle, in exercise of the powers under sub-rule (2) of Rule 191 of the Kerala Motor Vehicles Rules, the State or the Regional Transport Authority shall ensure that it does not cause distraction to the drivers of other vehicles and also cyclists and pedestrians on public road. No approval under sub-rule (2) of Rule 191, shall be granted for exhibition of any advertisements, writings, figures, graphics, etc. on the body of a transport vehicle, at places intended for exhibiting the name and address of the operator as per clause (g) of Section 84 of the Motor Vehicles Act; the 'emergency information panel' as per Rule 134 of the Central Motor Vehicles Rules for goods carriages used for transporting any dangerous or hazardous goods; the particulars enumerated in clauses (a) to (g) of Rule 93 of the Kerala Motor Vehicles Rules; the name of the institution exhibited in educational institution bus and private service vehicle as per Rule 291 of the Kerala Motor Vehicles Rules; etc. In the case of a stage carriage in respect of which uniform colour scheme has been implemented under Rule 264 of the Kerala Motor Vehicles Rules, vide the decision of the State Transport Authority dated 04.01.2018, no approval under sub-rule (2) of Rule 191, shall be granted for exhibition of any advertisements, writings, figures, graphics, etc., over the three equally spaced white lines painted below the height of the wheel arch. In the said decision, this Court held further that exhibition of writings or figures with the sole object to invite public attention and to promote the contract carriage or stage carriage service should not be permitted by levying fee under Rule 191 of the Kerala Motor Vehicles Rules.