THANTHAMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitions are filed to declare Rule 85(3) of the Central Motor Vehicles Rules, 1989 as unconstitutional and void and to direct the respondents not to enforce the said rule against the petitioners.

(2.) The petitioners hold All India Tourist bus permits issued under Section 63(7) of the Motor Vehicles Act, 1939 by the fourth respondent The Central Government allowed certain All India permits to be granted by each of the States in the Union of India. There is certain quota of All India Tourist permits to be granted by each State for the purpose of promoting free flow of passenger transport vehicles throughout the territory of India and the permit granted by one State is operative in other States without there being any requirement of counter-signature of those Stales. By virtue of the power provided under (sic Section 88(11)(iii) of Motor Vehicles Act, 1988 corresponding to) Section 63(1)(iii) of the Motor Vehicles Act, 1939, the Central Government framed the Central Motor Vehicles Rules, 1989. Rule 85 of the said Rules deals with additional conditions of tourist permits. Sub-rule (3) of Rule 85 envisages that the tourist vehicle shall either commence or end its journey in the Home State and shall not remain outside the Home State for a period of two months, which is enhanced to three months by amendment. The permit holder shall see that the tourist vehicle must report to the authority, which issued the permit, on its return to Home State. Proviso to Rule 85(3) says that if the contracted journey ends outside tile Home State, the vehicle shall not be offered for hire within that Slate or from that State to any other State, except for the return journey to any point in the Home State.

(3.) The contentions of the petitioners are that the condition prescribed in the proviso is causing hardship to them as it is acting as hindrance for the vehicle being engaged for hire from one point to another point outside the Home State and the permit holders are forced to return to Home State for reporting to the authority as provided in the Rule, Further, once all India Permit is issued and required taxes are paid, the permit holder can travel throughout India and the restriction that he should definitely return to Home State without going to any other State after completion of onward journey is causing heavy loss to them as the vehicle has to travel empty to the Home State due to non-availability of tourists coming to Home State and that therefore the Rule 85(3) is in violation of Articles 19(1)(d) and (g) and 301 of the Constitution of India