P. Raveendran v. Secretary, Regional Transport Authority

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** **TUESDAY, THE 13TH DAY OF AUGUST 2019 / 22ND SRAVANA, 1941** **WP(C).No.21899 OF 2019(J)** ## **PETITIONER:** **P.RAVEENDRAN, AGED 52 YEARS S/O. UNNIKKUTTAN, PUTHANKULAM HOUSE, THIRUVAZHIYODE POST, PALAKKAD** ## **BY ADV. SRI.G.PRABHAKARAN** ## **RESPONDENTS:** **THE SECRETARY REGIONAL TRANSPORT AUTHORITY, CIVIL STATION, S FORT ROAD, KENATHU PARAMBU, KUNATHURMEDU, PALAKKAD-678 002** **SRI MANU RAJ K.J- GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.08.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** -2- W.P.(C). No. 21899 of 2019 ## **JUDGMENT** The petitioner, who is a stage carriage operator on the route Ottapalam – Elumbulassery with stage carriage bearing registration No.KL-51/E-5021 covered by Ext.P1 regular permit, which was valid upto 02.08.2019, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondent to grant and issue temporary permit on the route Palakkad – Elumbulassery for the vehicle KL-51/E-5021, in the vacancy of the same vehicle operated on regular permit, as the regular permit expired on 02.08.2019, by finalising Ext.P4 application for temporary permit dated 03.08.2019, so that the temporary permit is issued with in a period of one week. 2. Going by the averments in the writ petition, the petitioner filed Ext.P2 application for renewal of Ext.P1 regular permit on 03.08.2019, which is a belated application, after remitting the requisite fee by Ext.P3 cash receipt. The petitioner has also filed Ext.P4 application for temporary permit dated 03.08.2019, invoking the provisions under -3- W.P.(C). No. 21899 of 2019 clause (d) of sub-section (1) of Section 87 of the Motor Vehicles Act, 1988, after remitting the requisite fee by Ext.P5 cash receipt. 3. On 09.08.2018, when this writ petition came up for admission, the learned Government Pleader sought time to get instructions. 4. Heard the learned counsel for the petitioner and also the learned Government Pleader appearing for respondents. 5. Though Ext.P4 application for temporary permit made by the petitioner is one invoking the provisions under clause (d) of sub-section (1) of Section 87 of the Motor Vehicles Act, consideration of that application can only be under clause (c) of sub-section (1) of Section 87 of the said Act, since Ext.P2 application for renewal of Ext.P1 regular permit is a belated application. In view of the law laid down by the Division Bench of this Court in **Moideenkutty P.C. and others v. Secretary and another [2012 (2) KHC 317]** , the provisions in clause (d) of sub-section (1) of -4- W.P.(C). No. 21899 of 2019 Section 87 of the Motor Vehicles Act, 1988 regarding grant of temporary permit pending decision on the application for the renewal of a permit would apply only to applications, which are filed within the time limit specified as per sub-section (2) of Section 81 of the Act, i.e., not less than 15 days before the date of expiry. In that view of the matter, any application for temporary permit pending consideration application for renewal of Ext.P2 regular permit can only be considered under clause (c) of sub-section (1) of Section 87 of the Act. 6. Section 87 of the Motor Vehicles Act deals with temporary permits. As per sub-section (1) of Section 87, a Regional Transport Authority and the State Transport Authority may without following the procedure laid down in Section 80, grant permits to be effective for a limited period which shall, not in any case exceed four months, to authorise the use of a transport vehicle temporarily (a) for the conveyance of passengers on special occasions such as to and from fairs and religious gatherings; or (b) for the purpose of a seasonal business; or (c) to meet a temporary need; or (d) pending -5- W.P.(C). No. 21899 of 2019 decision on an application for the renewal of a permit, and may attach to any such permit such condition as it may think fit. As per the proviso to sub-section (1), a Regional Transport Authority or as the case may be, State Transport Authority may, in the case of goods carriages, under the circumstances of an exceptional nature, and for reasons to be recorded in writing, grant a permit for a period exceeding four months, but not exceeding one year. 7. Sub-section (2) of Section 87, which starts with a non-obstante clause provides that, notwithstanding anything contained in sub-section (1), a temporary permit may be granted thereunder in respect of any route or area where (i) no permit could be issued under Section 72 or Section 74 or Section 76 or Section 79 in respect of that route or area by reason of an order of a Court or other competent authority restraining the issue of the same, for a period not exceeding the period for which the issue of the permit has been so restrained; or (ii) as a result of suspension by a Court or other competent authority of the permit of any vehicle in respect of -6- W.P.(C). No. 21899 of 2019 that route or area, there is no transport vehicle of the same class with a valid permit in respect of that route or area, or there is no adequate number of such vehicles in respect of that route or area, for a period not exceeding the period of such suspension. As per the proviso to sub-section (2), the number of transport vehicles in respect of which temporary permits are so granted shall not exceed the number of vehicles in respect of which the issue of permits have been restrained or, as the case may be, the permit has been suspended. 8. A reading of the provisions under clause (c) of subsection (1) of Section 87 of the Motor Vehicles Act make it explicitly clear that the grant of a temporary permit under the said clause can only be made for meeting a particular temporary need. Therefore in an application for temporary permit, invoking the provisions under clause (c) of sub-section (1) of Section 87, it is incumbent upon the applicant to state the temporary need on the route applied for, so as to enable the competent authority to entertain such an application. For -7- W.P.(C). No. 21899 of 2019 grant of temporary permit, the competent authority is required to consider the condition stipulated in clause (c) of sub-section (1) of Section 87 of the Act and only if that condition is satisfied, temporary permit can be granted for the time limit specified in that Section. 9. In **Mohammed Rafi v. Regional Transport Authority (2019 (2) KLT 139)** this Court held that on an application for replacement, the competent authority has to consider the road worthiness and viability of the incoming vehicle and shall ensure that, the incoming 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 -8- W.P.(C). No. 21899 of 2019 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. 10. In **Mohammed Rafi's case** ( _supra_ ), this Court directed the Transport Commissioner to ensure strict compliance of the aforesaid provisions, by the officers in the Motor Vehicles Department, while considering an application made by a stage carriage operator for replacement of the vehicle attached to stage carriage permit. After conducting an inspection of the incoming vehicle, the officer concerned shall prepare a report as to the road worthiness of that vehicle and that the said vehicle complies with the provisions of the Motor Vehicles Act and the Rules made thereunder for being plied as a transport vehicle. The report of the officer concerned shall be referred to in the proceedings issued on the application for replacement. 11. In **Saji v. Deputy Transport Commissioner** -9- W.P.(C). No. 21899 of 2019 **[2019 (3) KLT 163]** , this Court held that the Transport Commissioner shall take necessary steps to ensure that no motor vehicle, including a Government vehicle, is allowed to be used in any public place, after tampering with the percentage of visual transmission of light of the safety glass of the windscreen, rear window and side windows, either by pasting any material upon the safety glass or by fixing sliding ' ' cloth curtains , etc. and that, the safety glass of the windscreen and rear window of every motor vehicle is always maintained in such a condition that the visual transmission of light is not less than 70% and that of the safety glass used for side windows is not less than 50%, as per the mandate of sub-rule (2) of Rule 100 of the CMV Rules. This Court held further that the Transport Commissioner shall also take necessary steps to ensure strict compliance of the provisions under Rules 102 to 111 of the CMV Rules and no motor vehicle shall be allowed to be used in any public place without maintaining the signalling devices, direction indicators, reflectors, reflective tapes, lamps, parking lights, etc. as -10- W.P.(C). No. 21899 of 2019 specified thereunder, in good working condition; since the use of any motor vehicle in a public place without complying with the mandatory requirements of the said rules is likely to endanger the safety of other road users. No motor vehicle shall be permitted to be used in public place putting any object in front of such lighting devices, reflectors, etc. or 'tinting' such lighting devises (i.e., headlights, tail lights, etc.) or reflectors by fixing vinyl tint film sticker. No motor vehicle shall be permitted to be used in any public place, which is fitted with any lights or lighting devices other than those specifically provided under the provisions of the CMV Rules. No motor vehicle shall be permitted to be used in a public place which is fitted with LED bar lights, LED flexible strip - - lights, after market (Non OEM) halogen driving lamps, etc. No transport vehicle, including the vehicles owned/operated by KSRTC and KURTC, shall be permitted to be used in any public place exhibiting advertisements, figures, writings, etc. which are likely to distract the attention of other drivers, cyclists and pedestrians. Exhibition of no such advertisements, figures, -11- W.P.(C). No. 21899 of 2019 writings, etc. shall be permitted on the body of the transport vehicle at places intended for exhibiting the name and address of the operator as per clause (g) of Section 84 of the MV Act; the particulars enumerated in clauses (a) to (g) of Rule 93 of the KMV Rules; the reflectors and reflective tapes as per Rule 104 of the CMV Rules; and also on the safety glass of the windscreen, rear window and side windows of a transport vehicle which has to be maintained as per the standards prescribed under sub-rule (2) of Rule 100 of the CMV Rules. 12. In view of the law laid down in the decisions referred to _supra_ , before issuing a temporary permit, based on an application filed under Section 87 of the Motor Vehicles Act, the competent authority has to consider the road worthiness and viability of the vehicle and shall ensure that, the 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 -12- W.P.(C). No. 21899 of 2019 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 is fitted with door shutters as mandated by sub-rule (2) of Rule 280 of the Kerala Motor Vehicles Rules; etc. 13. The learned Government Pleader would submit that the respondent shall consider Ext.P4 application made by the petitioner for temporary permit, and take an appropriate decision within a time limit fixed by this Court. Having considered the submissions made by the learned counsel on both sides, this writ petition is disposed of by directing the respondent to consider and pass appropriate orders on Ext.P4 application made by the petitioner for temporary permit, strictly in accordance with law, taking note of the law laid down hereinbefore, with notice to the petitioner -13- W.P.(C). No. 21899 of 2019 and after affording him an opportunity of being heard, within a period of two weeks from the date of receipt of a certified copy of this judgment. **Sd/-** **ANIL K.NARENDRAN JUDGE** das -14- W.P.(C). No. 21899 of 2019 ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE REGULAR PERMIT WITH ITS NUMBER P.ST.9/1032/1999** **EXHIBIT P2 TRUE COPY OF THE RENEWAL APPLICATION DATED 3.8.2019 EXHIBIT P3 TRUE COPY OF THE CHELAN RECEIPT DATED 3.8.2019 EXHIBIT P4 TRUE COPY OF THE TEMPORARY PERMIT APPLICATION DATED 3.8.2019 EXHIBIT P5 TRUE COPY OF THE CHELAN RECEIPT DATED 3.8.2019**