IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 18TH JANUARY 2010 / 28TH POUSHA 1931 WP(C).No. 23385 of 2009(P) ----------------------------------------- PETITIONER(S): ------------------------ 1. A.J.SAHEEDA, AGED 61, W/O.LATE C.M.ABDUL SALAM, CHATHANAIPARAMBIL HOUSE, MUSTHAFA MANZIL, CHALAKUDY P.O., THRISSUR DISTRICT, PIN-680 307. 2. ALL KERALA TANK LORRY OWNERS AND OPERATORS WELFARE FEDERATION, REG. NO. ER.465/09, ADAM SQUARE, DOOR NO.110, ALUVA ROAD, ANGAMALY, PIN-683 572, REPRESENTED BY ITS GENERAL SECRETARY, SRI.E.M.JOLLY. BY ADVS. MR.JOHN NUMPELI (JUNIOR), MR.P.V.PAULSON. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA,REPRESENTED BY ITS SECRETARY, MOTOR VEHICLES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM. 3. HINDUSTAN PETROLEUM CORPORATION LTD., REPRESENTED BY ITS SENIOR INSTALLATION MANAGER, IRIMPANAM P.O., KOCHI, PIN-682 309. R1 & R2 BY SR. GOVERNMENT PLEADER MR. R.LAKSHMI NARAYAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.23385/2009 P APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE WORK ORDER DTD. 02/04/08 ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER. P2: COPY OF THE 3RD RESPONDENT'S INVOICE DTD. 11/07/09 ISSUED TO THE 1ST PETITIONER. P3: COPY OF THE G.O.(RT) NO.174/2009/TRAN. DTD. 29/04/2009 ISSUED BY THE 1ST RESPONDENT. P4: COPY OFTHE JUDGMENT IN WPC.NO.13440 OF 2009 DTD.16/06/09 OF THE HONOURABLE HIGH COURT. P5: COPY OFTHE MOTOR VEHICLE FITNESS CERTIFICATE DTD. 27/07/2009 ISSUED BY THE SRTO IRINJALAKUDA TO THE 1ST PETITIONER. P6: COPY OF THE NOTICE ISSUED BY THE JFCM (MOBILE) COURT DTD. 3/08/09 ISSUED TO YACOB M.P. P6(A): COPY OF THE RECEIPT DTD. 3/08/09 GIVEN BY THE MOBILE COURT, ERNAKULAM. P7(A),(B)AND (C): COPY OF THE REPRESENTATIONS DTD. 3/08/09, 8/08/09 AND 10/08/09 SUBMITTED BY THE 2ND PETITIONER BEFORE THE RESPONDENTS. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.R.Raman & P.S.Gopinathan, JJ. ========================================== W.P.(C)No.23385 of 2009 ========================================== Dated this the 18th day of January, 2010. JUDGMENT Raman,J. 1.A learned Judge of this Court has passed an interim order on 24.8.2009 to the effect that the operators of tanker lorries which carry petroleum products are bound to comply with the provisions of Rule 304 of the Motor Vehicles Rules and according to the petitioners, many of them had actually adopted the colour code prescribed in Rule 304 of the Rules, though the third respondent refuted the submission. There was further direction that, such among the operators, who have complied with the colour code under Rule 304 of the Rules will be considered for allotment of work by the third respondent. In other words, those operators of the vehicles will be eschewed from consideration on the said ground in the WPC23385/09 -:2:- matter of allotment of work by the 3rd respondent. 2.The prayer made in this writ petition is only for a direction to allow the transportation work to the first petitioner without any delay and for a declaration that the tanker lorry operators shall comply with the current specification prescribed in the Kerala Motor Vehicles Act and Rules. The interim order takes care of both the situations. No further orders are called for and the same is made absolute. Writ petition is closed. P.R.Raman, Judge. P.S.Gopinathan, Judge. sl.