G. Nagaraj; P. Velayee; M. Ranjitham; K. Manickan; S. Mani vs The Government of Kerala and Others (W.P(C).Nos. 15290/2018, 35266/2018, 1390/2019, 1459/2019, 29992/2019, 1977/2020, 2180/2020, 2203/2020)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020/7TH PHALGUNA, 1941** ## **W.P(C).No.15290 OF 2018(I)** ## **PETITIONER:** **G. NAGARAJ AGED 58 YEARS S/O. GANASAN, NO.41, SHANKAR LAY-OUT, LAKSHMIPURAM, PEELAMEDU, COIMBATORE - 641 004.** **BY ADV. SRI.P.DEEPAK** ## **RESPONDENTS:** **1 THE GOVERNMENT OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, MINISTRY OF TRANSPORT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE STATE TRANSPORT AUTHORITY THIRUVANANTHAPURAM - 695 001. 3 THE REGIONAL TRANSPORT OFFICER PALAKKAD - 678 001. R BY SMT.C.S.SHEEJA, SR. GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2020, ALONG WITH WP(C).35266/2018(G), WP(C).1390/2019(W), WP(C).1459/2019(F), WP(C).29992/2019(Y), WP(C).1977/2020(V), WP(C).2180/2020(V) & WP(C).2203/2020(A), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020/7TH PHALGUNA, 1941** ## **W.P(C).No.35266 OF 2018(G)** ## **PETITIONER:** **P. VELAYEE AGED 57 YEARS W/O C. PALANIYAPPAN (LATE), 7/499, MAIN ROAD, ERUTHIAMPATHY, KOZHINJAMPARA, PALAKKAD** **BY ADV. SRI.P.DEEPAK** ## **RESPONDENTS:** |**1**|**THE GOVERNMENT OF KERALA**| |---|---| ||**REPRESENTED BY SECRETARY TO GOVERNMENT,**| ||**MINISTRY OF TRANSPORT, GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM 695 001**| |**2**|**THE STATE TRANSPORT AUTHOIRTY**| ||**THIRUVANANTHAPURAM-695001.**| |**3**|**THE REGIONAL TRANSPORT**| ||**OFFICER, PALAKKAD-678001.**| **R1-3 BY SMT.C.S.SHEEJA, SR. GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2020, ALONG WITH WP(C).15290/2018(I), WP(C).1390/2019(W), WP(C).1459/2019(F), WP(C).29992/2019(Y), WP(C).1977/2020(V), WP(C).2180/2020(V) & WP(C).2203/2020(A), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020/7TH PHALGUNA, 1941** **W.P(C).No.1390 OF 2019(W)** ## **PETITIONER:** **M.RANJITHAM, AGED 65 YEARS W/O.K.MANICKAN, 7/469, ERUTHIYAMPATHY, KOZHINJAMPARA, PALAKKAD-678555.** **BY ADV. SRI.SAJEEV KUMAR K.GOPAL** ## **RESPONDENTS:** |**1**|**THE STATE OF KERALA,**| |---|---| ||**REPRESENTED BY SECRETARY TO THE GOVERNMENT,**| ||**TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695001.**| |**2**|**THE STATE TRANSPORT AUTHORITY,**| ||**THIRUVANANTHAPURAM-695001.**| |**3**|**THE REGIONAL TRANSPORT OFFICER,**| ||**PALAKKAD-678001.**| **R1-3 BY SMT.C.S.SHEEJA, SR. GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2020, ALONG WITH WP(C).15290/2018(I), WP(C).35266/2018(G), WP(C).1459/2019(F), WP(C).29992/2019(Y), WP(C).1977/2020(V), WP(C).2180/2020(V) & WP(C).2203/2020(A), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020/7TH PHALGUNA, 1941** ## **W.P(C).No.1459 OF 2019(F)** ## **PETITIONER:** **K.MANICKAN AGED 70 YEARS S/O.KANTHASWAMI GOUNDER, 7/469, ERUTHIYAMPATHY, KOZHINJAMPARA, PALAKKAD -678 555.** **BY ADV. SRI.SAJEEV KUMAR K.GOPAL** ## **RESPONDENTS:** |**1**|**THE STATE OF KERALA**| |---|---| ||**REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,**| ||**TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695001.**| |**2**|**THE STATE TRANSPORT AUTHORITY,**| ||**THIRUVANANTHAPURAM-695 001.**| |**3**|**THE REGIONAL TRANSPORT OFFICER,**| ||**PALAKKAD-678 001.**| **R1-3 BY SRI.K.P.HARISH, SR. GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2020, ALONG WITH WP(C).15290/2018(I), WP(C).35266/2018(G), WP(C).1390/2019(W), WP(C).29992/2019(Y), WP(C).1977/2020(V), WP(C).2180/2020(V) & WP(C).2203/2020(A), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020/7TH PHALGUNA, 1941** **W.P(C).No.29992 OF 2019(Y)** ## **PETITIONER:** **S.MANI AGED 55 YEARS S/O.S.SUPPU, 27-W-NO.10, ANDAL STREET, UPPILIPALAYAM, COIMBATORE-15, NOW RESIDING AT NO.20/523, NANDAKIZHAYA, ANAMARI POST, PALAKKAD-678 506.** **BY ADV. SRI.SAJEEV KUMAR K.GOPAL** ## **RESPONDENTS:** |**1**|**THE STATE OF KERALA**| |---|---| ||**REPRESENTED BY SECRETARY TO THE GOVERNMENT,**| ||**TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695 001.**| |**2**|**THE STATE TRANSPORT AUTHORITY,**| ||**THIRUVANANTHAPURAM-695 001,**| ||**REPRESENTED BY ITS SECRETARY.**| |**3**|**THE REGIONAL TRANSPORT OFFICER,**| ||**PALAKKAD-678 001.**| **R1-3 BY SMT.C.S.SHEEJA, SR. GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2020, ALONG WITH WP(C).15290/2018(I), WP(C).35266/2018(G), WP(C).1390/2019(W), WP(C).1459/2019(F), WP(C).1977/2020(V), WP(C).2180/2020(V) & WP(C).2203/2020(A), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020/7TH PHALGUNA, 1941** **W.P(C).No.1977 OF 2020(V)** ## **PETITIONER:** **K.MANICKAN AGED 70 YEARS S/O. KANTHASWAMI GOUNDER, 7/469, ERUTHIYAMPATHY, KOZHINJAMPARA, PALAKKAD - 678 555. BY ADV. SRI.SAJEEV KUMAR K.GOPAL** ## **RESPONDENTS:** |**1**|**THE STATE OF KERALA**| |---|---| ||**REPRESENTED BY SECRETARY TO THE GOVERNMENT,**| ||**TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT,**| ||**THIRUVANANTHAPURAM 695 001.**| |**2**|**THE STATE TRANSPORT AUTHORITY**| ||**TRANS TOWERS, VAZHUTHACADU,**| ||**THIRUVANANTHAPURAM - 695 001.**| |**3**|**THE REGIONAL TRANSPORT OFFICER**| ||**CIVIL STATION, S FORT ROAD, KENATHU PARAMBU,**| ||**KUNATHURMEDU, PALAKKAD - 678 001.**| |**4**|**THE SUB REGIONAL TRANSPORT OFFICER**| ||**CHITTUR - MUNICIPAL BUS STAND COMPLEX,**| ||**MINI CIVIL STATION, SH27, CHITTUR - THATHAMANGALAM,**| ||**KERALA - 678 102.**| ||**R1-4 BY SRI.K.P.HARISH, SR. GOVERNMENT PLEADER**| **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2020, ALONG WITH WP(C).15290/2018(I), WP(C).35266/2018(G), WP(C).1390/2019(W), WP(C).1459/2019(F), WP(C).29992/2019(Y), WP(C).2180/2020(V) & WP(C).2203/2020(A), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020/7TH PHALGUNA, 1941** **W.P(C).No.2180 OF 2020(V)** ## **PETITIONER:** **M. RANJITHAM, AGED 65 YEARS W/O. K. MANICKAN, 7/469, ERUTHIYAMPATHY, KOZHINJAMPARA, PALAKKAD-678555.** **BY ADV. SRI.SAJEEV KUMAR K.GOPAL** ## **RESPONDENTS:** **1 THE STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE STATE TRANSPORT AUTHORITY, TRANS TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM-695001. 3 THE REGIONAL TRANSPORT OFFICER, CIVIL STATION, S FORT ROAD, KENATHU PARAMBU, KUNATHURMEDU, PALAKKAD-678001. 4 THE SUB REGIONAL TRANSPORT OFFICER, CHITTUR-MUNICIPAL BUS STAND COMPLEX MINI CIVIL STATION, SH27, CHITTUR-THATHAMANGALAM, KERALA-678102. R1-4 BY SMT.C.S.SHEEJA, SR. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2020, ALONG WITH WP(C).15290/2018(I), WP(C).35266/2018(G), WP(C).1390/2019(W), WP(C).1459/2019(F), WP(C).29992/2019(Y), WP(C).1977/2020(V) & WP(C).2203/2020(A), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR** **WEDNESDAY, THE 26TH DAY OF FEBRUARY 2020/7TH PHALGUNA, 1941** ## **W.P(C).No.2203 OF 2020(A)** ## **PETITIONER:** **P. VELAYEE AGED 70 YEARS W/O.PALANIYAPPAN, NO.7/469, MAIN ROAD, ERUTHIYAMPATHY, KOZHINJAMPARA, PALAKKAD-678555. BY ADV. SRI.SAJEEV KUMAR K.GOPAL** ## **RESPONDENTS:** **1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO THE GOVERNMENT, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE STATE TRANSPORT AUTHORITY, TRANS TOWER, VAZHUTHACADU, THIRUVANANTHAPURAM-695001. 3 THE REGIONAL TRANSPORT OFFICER, CIVIL STATION, S FORT ROAD, KENATHU PARAMBU, KUNATHURMEDU, PALAKKAD-678001. 4 THE SUB REGIONAL TRANSPORT OFFICER, CHITTUR-MUNICIPAL BUS STAND COMPLEX MINI CIVIL STATION, SH27, CHITTUR-THATHAMANGALAM, KERALA-678102. R1-4 BY SRI.K.P.HARISH, SR. GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.02.2020, ALONG WITH WP(C).15290/2018(I), WP(C).35266/2018(G), WP(C).1390/2019(W), WP(C).1459/2019(F), WP(C).29992/2019(Y), WP(C).1977/2020(V) & WP(C).2180/2020(V), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **W.P.(C).Nos.15290 & 35266/2018, 1390, 1459, 29992/2019, 1977, :: 9 :: 2180 & 2203/2020** ## **J U D G M E N T** In all these writ petitions, a common issue arises for consideration, and hence, the writ petitions are disposed by this common judgment. For the sake of convenience, the reference to facts and exhibits is from W.P.(C).No.15290/2018. 2. The petitioners in all these writ petitions are holders of regular stage carriage permits on inter-state routes covering the State of Kerala and Tamil Nadu. The permits were issued to them by the State Transport Authority [STA] having jurisdiction over the place where the petitioners reside, or over the area where the principal place of business of the petitioners was situated, and the said permits were also countersigned by the STA in Tamil Nadu. It would appear that by a decision taken by the STA, Kerala on 4.1.2018, it was decided to implement a uniform colour code to different classes of stage carriages operating through out the State such as City/Town, Mofussil/Ordinary Services and Limited Stop **W.P.(C).Nos.15290 & 35266/2018, 1390, 1459, 29992/2019, 1977, :: 10 :: 2180 & 2203/2020** ## Ordinary Services. The colour code was to be as follows: 1. City/Town Services Lime Green (colour value = #338e31) with three equally spaced white lines below the height of the wheel arch. 2. Mofussil/Ordinary Services Deep Sky Blue (colour value = #12bce0) with three equally spaced white lines below the height of the wheel arch. 3. Limited Stop Ordinary Services Maroon (colour value = #871414) with three equally spaced white lines below the height of the wheel arch. The said decision of the STA, in its applicability to stage carriages operating within the State, was the subject matter of challenge before this Court in W.P.(C).No.4098/2018 and connected cases. By Ext.P4 judgment dated 13.4.2018, the challenge to Ext.P3 decision of the STA was rejected by this Court, which relied on an earlier decision of this Court in **Kasaragod District Bus Owners Association v. Regional Transport Authority [2014 (4) KLT** **709]** to hold that the provisions of Section 72 of the Motor Vehicles Act and Rules 191 and 264 of the Kerala Motor Vehicles Rules empowered the Regional Transport Authority [RTA] to issue stipulations with respect to stage carriages and other vehicles while granting permits and, even without a specific rule being **W.P.(C).Nos.15290 & 35266/2018, 1390, 1459, 29992/2019, 1977, :: 11 :: 2180 & 2203/2020** issued by the State Government in exercise of the powers under Section 96(2) of the Motor Vehicles Act, the RTA could specify that the painting of the vehicle covered by the permit had to be in a specified fashion. It was also found that since the RTA has the power to insist on the paint work in respect of specific classes of vehicles, the STA, under Section 68(3) of the Motor Vehicles Act, could have the power to decide on a uniform policy with regard to such specifications by different RTAs throughout the State. The challenge to the decision of the STA was repelled with the said finding. 3. In the writ petitions before me, it is the case of the petitioners that they are holders of regular stage carriage permits on inter-state routes, and while Ext.P3 decision of the STA does not expressly refer to the adoption of uniform colour code for inter-state stage carriages, they have been directed to adhere to the said colour code at the time when they approached the registering authority for various services under the Motor Vehicles Act and Rules. The contention in the writ petitions, in its challenge against the action of the respondent statutory authorities is essentially two-fold. Firstly, it is contended that the STA does not **W.P.(C).Nos.15290 & 35266/2018, 1390, 1459, 29992/2019, 1977, :: 12 :: 2180 & 2203/2020** have the power to insist on a colour code in respect of stage carriage vehicles plying inter-state. Secondly, it is contended that even assuming that such a power can be read in to the general power enuring to an authority granting permit to prescribe conditions for the grant of permit, the insistence of the same colour code as applicable to like services when operated intra-state, in the case of vehicles operating inter-state, would be irrational inasmuch as it would not fulfill the objective sought to be attained by the permit granting authority. 4. Counter affidavits have been filed on behalf of the respondents in all these writ petitions. In the said counter affidavits, the stand of the respondents is essentially that the uniform colour code was insisted for the vehicles operating within the State so as to ensure that passengers can easily identify the different classes of stage carriages, at a single glance, through the uniform colour code prescribed. The classification of various services for the purposes of the differential colour code is thereafter enumerated, and it is stated that inter-state service permits are also included in the broad category of ordinary service and limited stop ordinary service. The suggestion therefore is that **W.P.(C).Nos.15290 & 35266/2018, 1390, 1459, 29992/2019, 1977, :: 13 :: 2180 & 2203/2020** there is no irrationality in making the uniform colour code applicable equally to vehicles operating intra-state and inter-state. As regards the existence of a power in the STA to insist on an adherence to the colour code by inter-state operators, it is stated that the provisions of Section 69 and Section 88 read with Section 96 of the Motor Vehicles Act would clearly indicate that the STA, in its capacity as the authority empowered to grant permits to the petitioners, has the inherent power to prescribe conditions for the operation of vehicles under the said permits. A reference is also made to the decision of this Court in **Kasaragod District Bus Owners Association's case [supra]** as also to Ext.P4 judgment of this Court, which rejected a challenge against Ext.P3 decision of the STA. 5. I have heard Sri.P. Deepak, the learned counsel for the petitioners in W.P.(C).No.15290/2018 and W.P.(C).No.35266/2018 and Sri.Sajeev Kumar K. Gopal, the learned counsel for the petitioners in W.P.(C).Nos.1390/2019, 1459/2019, 29992/2019, 1977/2020, 2180/2020 and 2203/2020. I have also heard Smt.C.S.Sheeja, the learned senior Government Pleader and Sri.K.P.Harish, the learned senior Government Pleader for the **W.P.(C).Nos.15290 & 35266/2018, 1390, 1459, 29992/2019, 1977, :: 14 :: 2180 & 2203/2020** official respondents of the State. 6. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I am of the view that for the reasons that are to follow, the challenge in the writ petitions, against the decision of the respondent authorities to insist on a uniform colour code in respect of vehicles operating under inter-state stage carriage permits, has necessarily to fail. It is not in dispute that the permits to the petitioners in the instant cases were granted by the STA in Kerala and were countersigned by the STA in Tamil Nadu. The provisions of Section 69(2) of the Motor Vehicles Act clearly mandate that, notwithstanding anything contained in sub section (1) thereof, the State Government may, by notification in the Official Gazette, direct that in the case of any vehicle or vehicles proposed to be used in two or more regions lying in different States, the application for permit under Section 69 shall be made to the STA of the region in which the applicant resides or has his principal place of business. SRO.1143/89 is the notification that was issued by the State of Kerala in furtherance of the power granted under Section 69(2) of the Motor Vehicles Act. It was pursuant to the said notification that the petitioners had to **W.P.(C).Nos.15290 & 35266/2018, 1390, 1459, 29992/2019, 1977, :: 15 :: 2180 & 2203/2020** apply before the STA, Kerala for the permit to operate on an inter-state route. 7. Section 88 of the Motor Vehicles Act deals with the validation of permits for use outside the region in which it is granted. A reading of the said provision would indicate that a permit granted in any one State will not be valid in any other State unless countersigned by the STA of the other State or by the RTA concerned. The statutory provision also makes a distinction between the cases where a permit is granted by an RTA in the State and a countersignature is required of an other RTA in the same State, and cases where the permit is granted by the STA in one State and the countersignature required of the STA in another State. In the former case, while the RTA of the region in which the major portion of the proposed route lies is the principal authority to consider the application for the grant of permit, over a route which may transgress into areas outside the jurisdiction of the said RTA, the RTA, who is required to countersign the said permit may attach to the permit granted by the first authority, any condition which it might have imposed, if it had granted the permit, or vary any condition attached to the permit by the authority who granted **W.P.(C).Nos.15290 & 35266/2018, 1390, 1459, 29992/2019, 1977, :: 16 :: 2180 & 2203/2020** the permit. This is evident from a reading of Section 88(3) of the Motor Vehicles Act. What is significant, however, is that there is no similar provision when it comes to defining the powers of an STA, who is required to countersign a permit that is granted by an other STA. Thus, while the RTAs in the first case, both the one issuing the permit and the one countersigning the permit, have equal powers with regard to the prescription of conditions that would govern the permit, in the case of inter-state permits, the power to prescribe conditions for operation under the permit is only in the STA that grants the permit. In other words, the STA, who is required to countersign the permit, in the case of an inter-state permit, does not have the power to attach to the permit, any condition over and in addition to that prescribed by the authority that granted the permit. In my view, the said distinction is significant, since, it indicates that the STA in Kerala, that granted the permit to the petitioners herein, for operation of the vehicles on an inter-state route, is the sole authority that can prescribe conditions for the operation of services under the permit. It would follow therefore, based on the decisions of this Court in **Kasaragod District Bus Owners Association's case [supra]** as also in Ext.P4 judgment, that the STA is acting well within its **W.P.(C).Nos.15290 & 35266/2018, 1390, 1459, 29992/2019, 1977, :: 17 :: 2180 & 2203/2020** powers while insisting on an adherence to the uniform colour code prescribed in respect of an intra-state service, even in the case of stage carriages operating under inter-state permits. While doing so, the STA in Kerala is not usurping any power that vests in the STA in Tamil Nadu. The said issue, as regards the existence of the power in the STA, is therefore answered in the affirmative, and against the petitioners. 8. As regards the further contention of the petitioners that the insistence of the uniform colour code that was made applicable to intra-state services, even in respect of inter-state services, would frustrate the object sought to be pursued through the implementation of the uniform colour code, I find that the services operated by the petitioners fall in the category of either ordinary service or limited stop ordinary service. The only difference in the case of the petitioners herein is that their services operate on inter-state routes. In my view, when the colour code prescribed is for the purpose of identifying a particular service, and there is no difference in the nature of the service operated by intra-state operators and inter-state operators, except with regard to the length of the route covered by the service, the insistence of a **W.P.(C).Nos.15290 & 35266/2018, 1390, 1459, 29992/2019, 1977, :: 18 :: 2180 & 2203/2020** uniform colour code in respect of services that are otherwise identical in nature, cannot be said to be unreasonable or arbitrary or irrational. I therefore find against the petitioners on the contention regarding irrationality of the decision of the STA in making the uniform colour code applicable even in the case of vehicles operating under an inter-state stage carriage permit. The upshot of the above discussion is that the prayers sought for in these writ petitions cannot be granted. The writ petitions fail, and are accordingly dismissed. **Sd/A.K.JAYASANKARAN NAMBIAR JUDGE** **prp/27/2/2020** **W.P.(C).Nos.15290 & 35266/2018, 1390, 1459, 29992/2019, 1977, :: 19 :: 2180 & 2203/2020** ## **APPENDIX OF W.P(C).NO.15290/2018** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1. A TRUE COPY OF THE CERTIFICATE OF REGISTRATION OF KL-09/ AM 5566 EXHIBIT P2. A TRUE COPY OF THE PROCEEDINGS OF THE STATE TRANSPORT AUTHORITY, CHENNAI DATED 27.03.2018 EXHIBIT P3. A TRUE COPY OF THE DECISION OF THE 2ND RESPONDENT DATED 04.01.2018 IN DEPARTMENTAL ITEM NUMBER 2** **EXHIBIT P4. A TRUE COPY OF THE JUDGMENT DATED 13.04.2018 IN W.P. (C)NO.4098 OF 2018.** **RESPONDENTS EXHIBITS: NIL.** **//TRUE COPY//** **P.S. TO JUDGE** ## **APPENDIX OF W.P(C).NO.35266/2018** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE INTERSTATE AGREEMENT DATED 29/06/1976.** **EXHIBIT P2 A TRUE COPY OF THE PROCEEDINGS OF THE STATE TRANSPORT AUTHORITY, KERALA DATED 03/01/2017 IN RELATION TO KO-09/AC 7997.** - **EXHIBIT P2 A A TRUE COPY OF THE PROCEEDINGS OF THE STATE TRANSPORT AUTHORITY, KERALA DATED 03/01/2017 IN RELATION TO KL-09/Y 5335.** - **EXHIBIT P2 B A TRUE COPY OF THE PROCEEDINGS OF THE STATE TRANSPORT AUTHORITY, KERALA DATED 03/01/2017 IN RELATION TO KL-70/B 7888.** - **EXHIBIT P3 A TRUE COPY OF THE PROCEEDINGS OF THE STATE TRANSPORT AUTHORITY, CHENNAI DATED 18/01/2017 IN RELATION TO KL-09/AC 7997** - **EXHIBIT P3 A A TRUE COPY OF THE PROCEEDINGS OF THE STATE TRANSPORT AUTHORITY, CHENNAI DATED 18/01/2017 IN RELATION TO KL-09/Y 5335.** - **EXHIBIT P3 B A TRUE COPY OF THE PROCEEDINGS OF THE STATE TRANSPORT AUTHORITY, CHENNAI DATED 18/01/2017 IN RELATION TO KL-70/B 7888.** - **EXHIBIT P4 A TRUE COPY OF THE PROCEEDINGS OF THE STATE TRANSPORT AUTHORITY, CHENNAI DATED 21/05/2012 IN RELATION TO KL-09/AC/ 7997.** - **EXHIBIT P4 A A TRUE COPY OF THE PROCEEDINGS OF THE STATE TRANSPORT AUTHORITY, CHENNAI DATED 01/12/2016 IN RELATION TO KL-70/B 7888.** - **EXHIBIT P5 A TRUE COPY OF THE DECISION OF THE 2ND RESPONDENT DATED 04/01/2018 IN DEPARTMENTAL ITEM NUMBER 2.** - **EXHIBIT P6 A TRUE COPY OF THE ORDER DATED 08/05/2018 IN WPC.NO.15290/2018.** **RESPONDENTS EXHIBITS: NIL.** **//TRUE COPY//** **P.S. TO JUDGE** ## **APPENDIX OF W.P(C).NO.1390/2019** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF STAGE CARRIAGE KL-9AD-1588.** **EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF FITNESS ISSUED IN RESPECT OF KL-9AD-1588. EXHIBIT P3 TRUE COPY OF THE ENDORSEMENT REGARDING RENEWAL OF REGULAR PERMIT RENEWED BY THE STATE TRANSPORT AUTHORITY.** **EXHIBIT P4 TRUE COPY OF THE RENEWAL OF COUNTER SIGNATURE ISSUED BY THE STATE TRANSPORT AUTHORITY, CHENNAI.** **EXHIBIT P5 TRUE COPY OF THE DECISION OF THE 2ND RESPONDENT DATED 04.01.2018. EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 13.04.2018 IN W.P.(C) NO.4098/2018. RESPONDENTS EXHIBITS: NIL.** **//TRUE COPY//** **P.S. TO JUDGE** ## **APPENDIX OF W.P(C).NO.1459/2019** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF STAGE CARRIAGE KL-9U-9225. EXHIBIT P2 TRUE COPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF STAGE CARRIAGE KL-9AD-1777. EXHIBIT P3 TRUE COPY OF THE CERTIFICATE OF FITNESS ISSUED IN RESPECT OF KL-9U-9255 IN FORM 38. EXHIBIT P4 TRUE COPY OF THE CERTIFICATE OF FITNESS ISSUED IN RESPECT OF KL-9AD-1777 VALID UPTO 3.6.2019. EXHIBIT P5 TRUE COPY OF THE ENDORSEMENT REGARDING RENEWAL OF REGULAR PERMIT RENEWED BY THE STATE TRANSPORT AUTHORITY.** - **EXHIBIT P6 TRUE COPY OF THE RENEWAL OF COUNTER SIGNATURE ISSUED BY THE STATE TRANSPORT AUTHORITY.** - **EXHIBIT P7 TRUE COPY OF ENDORSEMENT OF RENEWAL OF REGULAR PERMIT IN RESPECT OF STGE CARRIAGE KL-9AD 1777.** - **EXHIBIT P8 TRUE COPY OF THE RENEWAL OF COUNTER SIGNATURE OF THE PERMIT BY THE STA CHENNAI.** **EXHIBIT P9 TRUE COPY OF THE DECISION OF THE 2ND RESPONDENT DATED 4.1.2018. EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 13.4.2018 IN WPC NO.4098/2018.** **RESPONDENTS EXHIBITS: NIL.** **//TRUE COPY//** **P.S. TO JUDGE** ## **APPENDIX OF W.P(C).NO.29992/2019** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE REGISTRATION CERTIFICATE IN RESPECT OF STAGE CARRIAGE KL 08-AS 1599. EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF FITNESS ISSUED IN RESPECT OF KL 08-AS 1599 IN FORM 38. EXHIBIT P3 TRUE COPY OF THE RELEVANT PAGE OF THE AGENDA OF THE STA MEETING HELD ON 14.10.2019. EXHIBIT P4 TRUE COPY OF THE ENDORSEMENT OF TRANSFER OF PERMIT ISSUED BY THE STATE TRANSPORT AUTHORITY, THIRUVANANTHAPURAM. EXHIBIT P5 TRUE COPY OF THE DECISION OF THE 2ND RESPONDENT DATED 04.01.2018. EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 13.04.2018 IN WPC NO.4098/2018. RESPONDENTS EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE** ## **APPENDIX OF W.P(C).NO. 1977/2020** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE ENDORSEMENT REGARDING RENEWAL OF PERMIT IN RESPECT OF STAGE CARRIAGE KL-9AD1588 BY THE STATE TRANSPORT AUTHORITY KERALA. EXHIBIT P2 TRUE COPY OF THE ENDORSEMENT REGARDING COUNTER SIGNATURE OF PERMIT IN RESPECT OF STAGE CARRIAGE KL-9AD-1588 ISSUED BY THE STA CHENNAI. EXHIBIT P3 TRUE COPY OF THE ENDORSEMENT REGARDING RENEWAL OF PERMIT IN RESPECT OF STAGE CARRIAGE KL-9AD1777 BY THE STATE TRANSPORT AUTHORITY KERALA. EXHIBIT P4 TRUE COPY OF THE ENDORSEMENT REGARDING COUNTER SIGNATURE OF PERMIT IN RESPECT OF STAGE CARRIAGE KL-9AD-1777 ISSUED BY THE STA CHENNAI.** **EXHIBIT P5 TRUE COPY OF THE TEMPORARY CERTIFICATE OF REGISTRATION ISSUED BY THE SUB REGIONAL TRANSPORT OFFICE, CHITTUR VIDE TEMPORARY REGISTRATION NO.KL/70/TMP/2019/6329.** **EXHIBIT P6 TRUE COPY OF SALE CERTIFICATE IN RESPECT OF THE VEHICLE COVERED WITH EXHIBIT P5 TEMPORARY REGISTRATION CERTIFICATE. EXHIBIT P7 TRUE COPY OF THE TEMPORARY CERTIFICATE OF REGISTRATION ISSUED BY THE SUB REGIONAL TRANSPORT OFFICE, CHITTUR VIDE TEMPORARY REGISTRATION NO.KL/70/TMP/2019/6337. EXHIBIT P8 TRUE COPY OF SALE CERTIFICATE IN RESPECT OF THE VEHICLE COVERED WITH EXHIBIT P7 TEMPORARY REGISTRATION CERTIFICATE. EXHIBIT P9 TRUE COPY OF THE DECISION OF THE 2ND RESPONDENT DATED 4.1.2018. EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 13.4.2018 IN W.P.(C) NO.4098/2018. RESPONDENTS EXHIBITS: NIL. //TRUE COPY//** **P.S. TO JUDGE** ## **APPENDIX OF W.P(C).NO.2180/2020** ## **PETITIONER'S EXHIBITS:** |**EXHIBIT P1**|**TRUE COPY OF THE ENDORSEMENT REGARDING RENEWAL**| |---|---| ||**OF PERMIT IN RESPECT OF STAGE CARRIAGE KL-9U-**| ||**9255 BY THE STATE TRANSPORT AUTHORITY KERALA.**| |**EXHIBIT P2**|**TRUE COPY OF THE ENDORSEMENT REGARDING COUNTER**| ||**SIGNATURE OF PERMIT IN RESPECT OF STAGE**| ||**CARRIAGE KL-9U-9255 ISSUED BY THE STA CHENNAI.**| |**EXHIBIT P3**|**TRUE COPY OF THE TEMPORARY CERTIFICATE OF**| ||**REGISTRATION ISSUED BY SUB REGIONAL TRANSPORT**| ||**OFFICE, CHITTUR VIDE TEMPORARY REGISTRATION,**| ||**NO.KL/70/TMP/2019/6334.**| |**EXHIBIT P4**|**TRUE COPY OF THE SALE CERTIFICATE IN RESPECT OF**| ||**THE VEHICLE COVERED WITH EXHIBIT P3 TEMPORARY**| ||**REGISTRATION CERTIFICATE.**| |**EXHIBIT P5**|**TRUE COPY OF THE DECISION OF THE 2ND RESPONDENT**| ||**DATED 04/01/2018.**| |**EXHIBIT P6**|**TRUE COPY OF THE JUDGMENT DATED 13/04/2018 IN**| ||**WPC NO.4098/2018.**| |**RESPONDENTS EXHIBITS**<br>**:**|**NIL.**| ||**//TRUE COPY//**| ||**P.S. TO JUDGE**| ## **APPENDIX OF W.P(C).NO.2203/2020** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE ENDORSEMENT REGARDING RENEWAL OF PERMIT IN RESPECT OF STAGE CARRIAGE KL-09 AC-7997 BY THE STATE TRANSPORT AUTHORITY KERALA. EXHIBIT P2 TRUE COPY OF THE ENDORSEMENT REGARDING COUNTER SIGNATURE OF PERMIT IN RESPECT OF STAGE CARRIAGE KL-09 AC-7997 ISSUED BY THE STA CHENNAI. EXHIBIT P3 TRUE COPY OF THE ENDORSEMENT REGARDING RENEWAL OF PERMIT IN RESPECT OF STAGE CARRIAGE KL-09 Y- 5335 BY THE STATE TRANSPORT AUTHORITY KERALA. EXHIBIT P4 TRUE COPY OF THE ENDORSEMENT REGARDING COUNTER SIGNATURE OF PERMIT IN RESPECT OF STAGE CARRIAGE KL-09 Y-5335 ISSUED BY THE STA CHENNAI. EXHIBIT P5 TRUE COPY OF THE TEMPORARY CERTIFICATE OF REGISTRATION ISSUED BY THE SUB REGIONAL TRANSPORT OFFICE, CHITTUR VIDE TEMPORARY REGISTRATION NO.KL/70/TMP/2019/6401. EXHIBIT P6 TRUE COPY OF THE SALE CERTIFICATE IN RESPECT OF THE VEHICLE COVERED WITH EXHIBIT P-5 TEMPORARY REGISTRATION CERTIFICATE. EXHIBIT P7 TRUE COPY OF THE TEMPORARY CERTIFICATE OF REGISTRATION ISSUED BY THE SUB REGIONAL TRANSPORT OFFICE, CHITTUR VIDE TEMPORARY REGISTRATION NO.KL/70/TMP/2019/6400. EXHIBIT P8 THE SALE CERTIFICATE IN RESPECT OF THE VEHICLE COVERED WITH EXHIBIT P-7 TEMPORARY REGISTRATION CERTIFICATE. EXHIBIT P9 TRUE COPY OF THE DECISION OF THE 2ND RESPONDENT DATED 04.01.2018. EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 13.04.2018 IN W.P.(C) NO.4098/2018.** **RESPONDENTS EXHIBITS: NIL.** **//TRUE COPY//** **P.S. TO JUDGE**