Sreelatha v. The Registering Authority/Regional Transport Officer, Palakkad; Joint Regional Transport Officer, Ottapalam; Motor Vehicles Inspector, Office of the Joint Regional Transport Office, Ottapalam; C. Soanraj

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** # **FRIDAY, THE 12TH DAY OF APRIL 2019 / 22ND CHAITHRA, 1941 WP(C).No. 9299 of 2019** ## **PETITIONER:** **SREELATHA, AGED 41 YEARS W/O.RAVINDRA NATHAN C., CHURATHIL HOUSE, THRIKKADEERI, OTTAPPALAM, PALAKKAD DISTRICT. BY ADV. SRI.I.DINESH MENON** ## **RESPONDENTS:** **1 THE REGISTERING AUTHORITY/ REGIONAL TRANSPORT OFFICER, PALAKKAD - 678 001. 2 THE JOINT REGIONAL TRANSPORT OFFICER, OTTAPALAM - 679 101. 3 THE MOTOR VEHICLES INSPECTOR, OFFICE OF THE JOINT REGIONAL TRANSPORT OFFICE, OTTAPALAM - 679 101. 4 C.SOANRAJ, 27/27, EAST SAMBANDAM ROAD, R.S.PURAM, COIMBATORE - 641 002.** **SRI MANU RAJ K.J, GOVERNMENT PLEADER SRI G.PRABHAKARAN- R4** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **W.P.(C)No.9299 of 2019** ## **:-2-:** ## **J U D G M E N T** The petitioner, who is the registered owner of a stage carriage bearing registration No.KL-58/A3123 covered by Ext.P1 regular permit and Ext.P2 registration certificate, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 3 to inspect the above vehicle and consider the request for renewal of fitness certificate, for which fee has already been paid as per Ext.P3 receipt on 15.3.2019 and issue the fitness certificate, if it is otherwise in order, as provided under Section 51 of the Motor Vehicles Act, 1988. 2. On 26.3.2019, when this writ petition came up for admission, the learned Government Pleader took notice on admission for respondents 1 to 3. This Court issued urgent notice by speed post to 4[th] ## **W.P.(C)No.9299 of 2019** **:-3-:** respondent, returnable within two weeks and the learned Government Pleader was directed to get instructions. 3. Heard the learned counsel for the petitioner, the learned Government Pleader appearing for respondents 1 to 3 and also the learned counsel for the 4[th] respondent, who is stated to be the financier of the vehicle. 4. Learned counsel for the 4[th] respondent would submit that Ext.P4 application made by the petitioner for renewal of certificate of fitness may be directed to be considered by the 3[rd] respondent with notice to the 4[th] respondent. 5. In **Usha Nanthini M. V. Secretary, Regional** **Transport Authority, Palakkad & another** [ **2018 (2) KHC 89]** this Court, after referring to the decision of the Apex Court in **M.C.Metha v Union of India [(1997) 8 SCC 770]** , held that the requirement of ## **W.P.(C)No.9299 of 2019** ## **:-4-:** maintaining the motor vehicles in the manner prescribed and its use if roadworthy in a manner which does not endanger public, has to be ensured by the authorities and this is the aim of the provisions enacted in the Motor Vehicles Act; and also the provisions under Section 56 of the Motor Vehicles Act, (which deals with certification of fitness of transport vehicles) and Rule 62 of the Central Motor Vehicles Rules, (which deals with validity of certificate of fitness) held that, a vehicle which no longer complies with all the requirements of the Motor Vehicles Act and the Rules made thereunder cannot be permitted to be driven or plied on the road. 6. 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 ## **W.P.(C)No.9299 of 2019** ## **:-5-:** the provisions of the Motor Vehicles Act, 1988 and 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 subrule (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 ## **W.P.(C)No.9299 of 2019** ## **:-6-:** 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 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 ## **W.P.(C)No.9299 of 2019** ## **:-7-:** 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. 7. 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, the registration mark on the right and left side ## **W.P.(C)No.9299 of 2019** ## **:-8-:** 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. 8. 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 ## **W.P.(C)No.9299 of 2019** ## **:-9-:** 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 employees for opening or closing door shutters while the stage carriage is in motion. 9. Therefore, on an application for renewal of fitness certificate, the competent authority has to 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 ## **W.P.(C)No.9299 of 2019** ## **:-10-:** 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. 10. Strict compliance of the aforesaid provisions, by the officers in the Motor Vehicles Department, while considering an application for renewal of fitness certificate of a transport vehicle is highly essential to ensure that a vehicle, which no longer complies with all the requirements of the Motor Vehicles Act and the Rules made thereunder, is not permitted to be driven or plied on road. After conducting an ## **W.P.(C)No.9299 of 2019** ## **:-11-:** inspection of the transport 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 renewal of fitness certificate. In such circumstances, this writ petition is disposed of by directing the competent among respondents 1 and 2 to consider the application made by the petitioner for renewal of fitness certificate of her stage carriage bearing registration No.KL-58/A-3123, as evidenced by Ext.P3 receipt dated 15.3.2019, after obtaining a report as to the road worthiness and the statutory compliance of the said transport vehicle, with the ## **W.P.(C)No.9299 of 2019** ## **:-12-:** provisions of the Motor Vehicles Act and the Rules made thereunder, and pass appropriate orders thereon, taking note of the law laid down in the decisions referred to supra and that laid down in this judgment. A decision in this regard shall be taken, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment, with notice to the petitioner and also to the 4[th] respondent and after affording them an opportunity of being heard. Sd/- **ANIL K.NARENDRAN JUDGE** ami/ ## **W.P.(C)No.9299 of 2019** **:-13-:** ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE PERMIT OF THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE REGISTRATION PARTICULARS OF KL-58A 3123. EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 15/3/2019. EXHIBIT P4 TRUE COPY OF THE REQUEST DATED 14/3/2019.**