Rajesh Reghunath, Jaya S. Pilllai & Jayalekshmi G. v The State Transport Authority, Regional Transport Officer Pathanamthitta, The State of Kerala

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE AMIT RAWAL`** ``` TUESDAY, THE 26[TH] DAY OF JULY 2022 / 4TH SRAVANA, 1944 ``` ## **`WP(C) NO. 29024 OF 2021`** ## **`PETITIONERS:`** ``` 1RAJESH REGHUNATH AGED 45 YEARS S/O. REGHUNATH PILLAI, KOTTOOR, CHANDANAPPALLY P.O., ANGADICKAL, PATHANAMTHITTA-689 648. 2JAYA S. PILLAI AGED 60 YEARS W/O. SIVAN PILLAI, PARAMESWARATH, MANTHUKA P.O., KULANADA, PATHANAMTHITTA-689 503. 3JAYALEKSHMI G. AGED 36 YEARS W/O. RAJESH REGHUNATH, REVATHY, IYMALY, OMALLUR P.O., PATHANAMTHITTA-689 647. ``` ``` BY ADVS. ABDUL RAOOF PALLIPATH E.MOHAMMED SHAFI K.R.AVINASH (KUNNATH) RAJ CAROLIN V. ``` ## **`RESPONDENTS:`** ``` 1THE STATE TRANSPORT AUTHORITY TRANSPORT COMMISSIONERATE, 2ND FLOOR, TRANS TOWERS, VAZHUTHACAUD, THYCAUD P.O., THIRUVANANTHAPURAM-695 014, REPRESENTED BY ITS CHAIRMAN AND COMMISSIONER. 2THE REGIONAL TRANSPORT OFFICER PATHANAMTHITTA PARAYIL BUILDING, COLLEGE ROAD, MAKAMKUNNU PO, PATHANAMTHITTA-689 645. ``` ``` 2 ``` ## **`WP(C) NO. 29024 OF 2021`** ``` 3THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO TRANSPORT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. ``` ``` SR GP SMT RESHMI K M ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 29024 OF 2021 ``` ``` 3 ``` ## **JUDGMENT** Decision dated 20.09.2021 of the State Transport Authority ordering the implementation of uniform colour code by contract carriages plying in the State of Kerala has been assailed on behalf of the petitioners, three in number, who are owners of contract carriage buses. They are carrying on the business of tours and travels and registered with Kerala Tourist Bus Contract Bus Operators Association. The main customers are youngsters and students. Buses are also booked for marriage functions and other similar functions. Buses are being chosen by the customers from their appearance and attraction of the colour much less the brand name. 2. Learned counsel appearing on behalf of the petitioners submits that the respondent No.1 as per its meeting held on 09.01.2020, decided to implement the uniform colour code for all contract carriages. The aforementioned decision was challenged through various writ petitions and vide common judgment dated 22.9.2020 in W.P(C).6345/2020, the said decision dated ``` WP(C) NO. 29024 OF 2021 ``` ``` 4 ``` 09.01.2020 was quashed without prejudice to the right of the 1[st] respondent to take fresh steps in accordance with law. Thereafter, the impugned decision dated 20.09.2021 fixing the uniform colour code with white and violate ribbon of 10cm width with a metallic gold ribbon of 3cm width above the violet ribbon with a gap of 1cm at the centre of the exterior of side body has been notified. The said action is wholly illegal and arbitrary much less discriminatory as there is no such uniform colour code in the neighbouring state. No fruitful purpose would be served in declaration of uniform colour code. The reasoning of the authorities is without any basis and rationale. Rule 264 of the Kerala Motor Vehicle Rules provided that the paint work or varnish of every transport vehicle shall be maintained in a clean and sound condition in accordance with the specification, if any, issued by the State or Regional Transport Authority. 3. On the other hand, learned counsel for the respondent countered the argument on the premise that Rule 264 rather empowers the State or Regional Transport Authority to lay down any conditions and the order introducing uniform colour code has ``` WP(C) NO. 29024 OF 2021 ``` ``` 5 ``` been passed by dragging the power referred to under Rule 264. The colour of most of the contract carriages were so awesome with figures of film stars, international players, pictures of wild animals, birds and with peculiar type of colour combinations. There were certain gigantic paintings which often attract the attention of other road users and cause accidents. This Court judgment in _**Jijith and Others**_ v. _**State of Kerala and Others**_ reported in 2019 (1) KHC 463] has issued the following slew of instructions: "15. Therefore, in order to use the vehicles as contract. carriages, it is for the petitioners to; (i)- remove all unauthorised flexible LED Lights, multi-colour LED lights, halogen driving lamps, etc. fitted on their vehicles and maintain the lamps, direction indicators and reflectors fitted on their vehicles as specified in Rules 102, 104, 105, 107, 109 etc of the CMV Rules, read with sub-rule (1) of rule 360 of the KMV Rules: (ii): remove DJ rotating LED lights, continuously blinking multi coloured LED lights, laser lights etc. used for internal lighting and maintain electric lights adequate to give reasonable illumination throughout the passenger compartment, as specified under Rule 286 of the KMV Rules; (iii):- remove high power audio system installed in their vehicles having multiple booster/power amplifiers, speakers and sub woofers producing loud noise, and also DJ rotating LED lights, continuously blinding multi-coloured LED lights, laser lights etc and maintain an audio system with four or six speakers, depending upon the size of the passenger compartment, with sufficient power to distribute reasonable sound through out the passenger compartment; ``` WP(C) NO. 29024 OF 2021 ``` ``` 6 ``` (iv):- remove all figures, writings, etc., exhibited on their vehicles with an object to invite public attention and to promote their contract carriage services, in order to maintain the paintwork of their transport vehicles in a clean and sound condition, as contemplated by Rule 264 of the KMV Rules, and exhibit the name and address of the operator as specified in clause (g) of Section 84 of the MV Act, exhibit the particulars enumerated in Clauses (a) to (g) of Rule 93 of the of the KMV Rules, etc; (v) remove all writings, figures, sliding 'cloth curtains, tinted film' (if any) etc. from the safety glass and maintain it in such a condition that the visual transmission of light is not less than that prescribed under sub-rule (2) of Rule 100 of the CMV Rules and with a clear vision to the driver, both to the front and through an angle of ninety degress to his right or left-hand side, as the case may be, as prescribed under Rule 278 of the KMV Rules; and (vi): display the registration marks, as prescribed by Rules 50 and 51 of the CMV Rules, read with Regulation 36 of the MV (Driving) Regulations, 2017". Thus, Government is not denuded from introducing the uniform colour code and urged this Court for dismissal of the writ petition. 4. I have heard the learned counsel for the parties and appraised the paper book and of the view that there is no force and merit. 5. The factum of different colour code by putting the pictures of wild animals, film stars etc. has not been denied by the petitioners. The rationale was to achieve a uniform colour code in order to provide a discrimination so that tourist buses can be ``` WP(C) NO. 29024 OF 2021 ``` ``` 7 ``` ## identified. Rule 264 empowers the STA to specify the colour. Rule 264 and the impugned order reads as under: "264. Paint Work or varnish- The paint work or varnish of every transport vehicle shall be maintained in a clean and sound condition and in accordance with the specification if any by the State or by the Regional transport Authority." ## **Ext.P2** ## **Department Item No. 1** **Agenda:** To consider the implementation of uniform color scheme to all contract carriages in the State under Rule 264 of KMV Rules. Applicant: 1. Contract Carriage Operators Association (CCOA) Nalanda Bhavan, Karyavattom, Thiruvananthapuram. 2. Ajith Muralidharan, K.T.B.C State office. 2[nd] floor,NSS building Thiruvanvandoor689109 3. Harikrishnan M. , So. Mohanan Nair, Karthika, Thottakom p O., Vaikom 686607. 4. Divya Chandran S. D/o. M. Ramachandran. TC , 64/937 Divyadarsanam, Anthivilakku Lane, Karumom,P.O.Thirvananthapuram 695002 5. Bimal Shanmughan K, So. Shanmughan, Kannachanpurakkal House Vyasa Nagar, ``` WP(C) NO. 29024 OF 2021 ``` ``` 8 ``` Vadanappally Thrissur 680614 6. Beena KV. W/o. Rajan K V. Kandampulli House, Udinikkara Vattamkulam. Edappal. Malappuram 679576 7. Rajan K.B. S/o. Bhaskaran, Kandampulli House. Udinikkara Vattamkulam. Edappal Malappuram 674576 ## **C1/170/2020/TC & C1/76/2020/TC** - Decision: The Hon'ble High Court of Kerala vide judgment dated 22.09.2020 in WP(C) No. 6680/2020 and connected cases has quashed the decision taken in the STA meeting held on 09/01/2020 on account of lack of required quorum. In view of the judgment of the Hon'ble High Court, the matter again placed in this meeting and decided to implement the decisions taken in the STA meeting held on 09.01.2020 with out any modification. "At present there is no uniform colour code prescribed to the Contract Carriages plying in the State. It can also be seen that the colour of most of the contract carriages are awesome with figures of film stars, international players, pictures of wild animals, birds and with peculiar type of colour combinations as per the whims and fancies of the painter rather than that of the owner. These gigantic paintings often attract the attention of other road users and causing ``` WP(C) NO. 29024 OF 2021 ``` ``` 9 ``` accidents. Moreover the Honorable High court of Kerala in its judgment in WP (C) No. 24417/2019 dated 01.10.2019 declared that, exhibition of gigantic figures of film stars, writings etc. on the bus body and safety glass shall not be allowed." Therefore uniform colour code is to be specified taking into consideration of all this factors and road safety concerns. STA considered the matter in great detail and felt the necessity of implementing a uniform colour code for all the Contract Carriages permitted in the State. The following colour code is specified. The Contract Carriage vehicle shall be painted in white colour (hex colour value = **#ffffff) with a violet** (hex colour value **#5100a3) ribbon of 10 centimeters width with a metallic gold** (hex colour value = **#eeee5d) ribbon of 3 centimeters width above the violet ribbon (with a gap of 1cm) at the centre of the exterior of the side body** . The name if any may be painted at the top of the front side of the vehicle with a normal font with size not more than 12 inch in white colour". Name of the Operator or any other details if any as prescribed by law may be painted in a column not more than 40 cm height at rear portion of the vehicle and full width of the vehicle. The said decision shall be implemented from ``` WP(C) NO. 29024 OF 2021 ``` ``` 10 ``` 01/01/2022 for new Contract Carriages. In the case of other Contract Carriages the colour code specified shall be complied from the date of renewal of Certificate of Fitness. ## **Department Item No.2** ## **Agenda:** To consider the implementation of uniform colour scheme to all fresh water tankers in the state under Rule 264 of KMV Rules - **Applicant:** Recommendation from the Kerala Niyama sabha Secretariat meeting dated 05/12/2019 ## **C1/134/2021/TC** Decision: The Hon'ble High Court of Kerala vide judgment dated 22.09.2020 in WP(C) No. 6680/2020 and connected cases has quashed the decision taken in the STA meeting held on 09/01/2020 on account of lack of required quorum. In view of the judgment of the Hon'ble High Court, the matter again placed in this meeting and decided to implement the decisions taken in the STA meeting held on 09.01.2020 with out any modification. At present there is no uniform colour code prescribed for fresh water tankers permitted in the State. ``` WP(C) NO. 29024 OF 2021 ``` ``` 11 ``` Kerala Niyamasabha Secretariat committee in its conference held at Eranakulam on 05.12.2019. on complaints regarding the supply of contaminated water from the quarries as drinking water, recommended to implement uniform colour patterns to all water tankers in the state according to the nature of water it carries. The committee also recommended to implement GPS for all water tankers compulsorily. STA considered the matter and perused the proposals of the Kerala Niyamasabha Secretariat committee and decided to implement uniform colour code to water tankers plying in the State as follows. a) Fresh water tankers - Blue colour (Hex colour value= #0859c6) b) Other purposes - Light Brown colour (Hex colour value-#b5651d) The State Transport Authority also decided to implement GPS for all water tankers. The said decision shall be implemented from 01/01/2022 for new Fresh Water Tankers. In the case of other fresh water tankers the colour code specified shall be complied from the date of renewal of Certificate of Fitness. ``` WP(C) NO. 29024 OF 2021 ``` ``` 12 ``` On joint reading of the provisions and order, the order is in terms of the provisions of Rule 264 and cannot be said to be arbitrary. This Court cannot sit over the order of the STA until unless there is gross illegality or judicially or jurisdictional impropriety which in prima facie view of mine is remotely attracted. No ground for interference is made out. writ petition is accordingly dismissed. **Sd/AMIT RAWAL JUDGE** nak ``` 13 ``` ## **`WP(C) NO. 29024 OF 2021`** ## **`APPENDIX OF WP(C) 29024/2021`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1TRUE COPY OF THE JUDGMENT IN WPC 6345/2020 DATED 22.9.2020 OF THIS HON'BLE COURT. Exhibit P2TRUE COPY OF THE DECISION OF THE IST RESPONDENT DATED 20.9.2021 OBTAINED BY THE PETITIONER. Exhibit P3TRUE COPY OF THE PERMIT ```