All-India Tourist Vehicles Can’t Be Permitted To Operate As Stage Carriers And Are Liable To Be Fined: Kerala HC
The Kerala High Court has observed that All India Tourist vehicles cannot be permitted to operate as stage carriers, and parties (Bus owners) would thus be liable to fines on violation of the conditions.
The bench further held that the same cannot be permitted because it is detriment to Kerala State Road Transport Corporation (KSRTC).
A single judge bench of Justice Dinesh Kumar Singh observed, “All India tourist vehicles cannot be permitted to operate as stage carriage as it is detriment to the stage carriage operators including KSRTC. If the petitioners are violating the permit conditions, they are liable to be fined”.
In furtherance of the same, the bench in the interim order noted, “The matter is seeking attention of this Court and therefore, as an interim basis it is provided that the petitioners should pay 50% of the challan amount and the remaining amount shall be subject to the outcome of the writ petition. The Authority will be free to take appropriate action, if they find the vehicles are operating in violation of the permit conditions”.
Advocate M.R. Sarin appeared for the petitioner and Special Government Pleader P. Santhosh Kumar appeared for the respondent.
In the present writ petition the bus owners-petitioner had prayed inter alia to stay the operation and implementation of penalty challans pending disposal of the petition, and further to restrain the authorities and officials from detaining their vehicles having a valid All India Tourist Permits on the strength alleging violation of section 66(1) of the Motor Vehicle Act, 1988 for the reason that the passengers in the vehicle are boarding alighting from different points enroute.
As per the State Bus Department though the petitioners’ vehicles had an all India tourist permit in effect, they were operating as stage carriage, in violation of the permit conditions. Therefore, it was submitted that the penalty challans had been issued to the petitioners for violating the all India tourist permit conditions.
However, the petitioner contended that the Court has granted interim orders in other similar matters which are pending before the Court.
The bench has now listed the petition with other connected matters.
Cause Title: Abdulla. H. Naushad v. The State of Kerala Transport Department
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