Title: Abdulla. H. Naushad v. The State of Kerala
Decided on: 24 November, 2023
+ WP(C) NO. 39289 OF 2023
CORAM: HON’BLE Justice Dinesh Kumar Singh
Introduction
According to the Kerala High Court, All India Tourist vehicles are not allowed to function as stage carriers. As a result, bus owners who violate these criteria may face fines.
Facts of the Case
The bus owners, who are the petitioners in this writ case, have asked, among other things, that the motor vehicle authorities and officials refrain from detaining their vehicles, which are in possession of valid All India Tourist Permits, on the grounds that they are in violation of section 66(1) of the Motor Vehicle Act, 1988, because the passengers are getting on and off the vehicle at different points along the way. The State Bus Department claims that even though the petitioners’ vehicles were in compliance with the terms of their all-India tourism visa, they were being used as stage carriages. As a result, it was claimed that the petitioners had received penalty checks for breaking the terms of their all-India tourist permits. Nonetheless, the petitioner argued that the Court has issued temporary orders in other pending cases that are comparable.
Courts analysis and decision
The Kerala State Road Transport Corporation (KSRTC) would suffer, the court ruled, hence the same cannot be allowed. The court further ruled, saying that “it is detrimental to stage carriage operators, including KSRTC, for all India tourist vehicles to function as stage carriages. The petitioners risk fines if they violate the terms of their permit. The petition and other related proceedings have now been listed by the court.
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Written by- Hargunn Kaur Makhija
