Mohammed Hussain v. The Secretary, Regional Transport Authority, Alappuzha

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **MONDAY, THE 03RD DAY OF JUNE 2019 / 13TH JYAISHTA, 1941** **WP(C).No. 15099 of 2019** ## **PETITIONER:** **MOHAMMED HUSSAIN, AGED 57 YEARS, S/O.USMANKUTTY, 307(6/415) ALAMEEN, KANICHANALLOOR, MUTTAM, CHEPPAD, ALAPUZHA.** **BY ADV. SRI.O.D.SIVADAS** ## **RESPONDENT:** **THE SECRETARY, REGIONAL TRANSPORT AUTHORITY, ALAPUZHA-688 001.** ## **SRI MANU RAJ K.J- GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No. 15099 of 2019 2** ## **JUDGMENT** 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 **WP(C).No. 15099 of 2019 3** 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 **WP(C).No. 15099 of 2019 4** 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. 4. In **Jijith's case supra** this Court held further that, in view of the provisions under Rule 100 of the Central Motor Vehicles Rules, tampering with the percentage of visual transmission of light of the safety glass of the windscreen, rear window and side windows of a motor vehicle, either by pasting any material upon the safety glass or by fixing sliding 'cloth curtains', etc. are legally impermissible. In view of the provisions under Rule 50 of the Central Motor Vehicles Rules, **WP(C).No. 15099 of 2019 5** the registration mark on the right and left side of every transport vehicle has to be painted on the body and it has to be displayed as per Rule 50 read with Rule 51, at the specified place, in the manner specified in those rules. 5. In **Kerala Bus Transport Association v. Government of Kerala (2018 (4) KLT 947)** , this Court held that the provisions under the Kerala Motor Vehicles (2[nd] Amendment) Rules, 2016, are intended to ensure safe and convenient public transport facility to the passengers by reducing the chances of untoward incidents and as such, the said provisions are in the interest of the public at large. By the said judgment, this Court has directed that, the Police and the Transport authorities shall take necessary steps to ensure that all stage carriages, including stage carriages operating as town and city services are fitted with door shutters as mandated by sub-rule (2) of Rule 280 of the Kerala Motor Vehicles Rules and that, appropriate proceedings shall be initiated against the owners/permit holders and also the employees of the stage carriages plying with door shutters either removed or tied to bus body and that, proceedings shall also be initiated against the **WP(C).No. 15099 of 2019 6** employees for opening or closing door shutters while the stage carriage is in motion. 6. In view of the law laid down by this Court in the decisions referred to supra, conclusion is irresistible that while issuing temporary permit, the competent authority has to consider the road worthiness of the vehicle offered by the applicant and shall ensure that, that vehicle complies with the provisions of the Motor Vehicles Act and the Rules made thereunder, i.e., the vehicle is not fitted with any unauthorised lights; that it is painted in the uniform colour scheme, if any, specified under Rule 264 of the Kerala Motor Vehicles Rules; that the safety glasses of the wind screen, rear window and side windows are maintained as per the mandate of Rule 100 of the Central Motor Vehicles Rules, without tampering the percentage of visual transmission of light, as specified in the said Rules; that the registration mark is displayed as per Rule 50 of the Central Motor vehicles Rules, read with Rule 51, at the specified places, in the manner specified in those Rules; that it is fitted with door shutters as mandated by sub-rule (2) of Rule 280 of the Kerala Motor Vehicles Rules; etc. **WP(C).No. 15099 of 2019 7** 7. Considering the fact that Ext.P2 application for reissue of temporary permit is pending consideration, this writ petition is disposed of by directing the respondent to consider that application made by the petitioner for temporary permit, on the route Thattappally - Valiyzaheekal, in respect of stage carriage bearing registration No.KL-07/AX-5357, strictly in accordance with law, with notice to the petitioner and after affording him an opportunity of being heard, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a certified copy of this judgment. While issuing temporary permit, the respondent shall ensure the road worthiness of the vehicle, in the light of the law laid down in the decisions referred to supra. Till such time, status quo as on today in respect of Ext.P1 temporary permit shall be maintained, in case the vacancy still exists. ## **Sd/-** **ANIL K.NARENDRAN JUDGE** sru **WP(C).No. 15099 of 2019 8** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 COPY OF THE TEMPORARY PERMIT DATED 05.02.2019 ISSUED BY THE RESPONDENT. EXHIBIT P2 COPY OF THE APPLICATION FOR RE-ISSUE OF TEMPORARY PERMIT DATED 17.05.2019 WITH CHELAN.**