IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 WP(C).No. 26474 of 2010(H) --------------------------------------- PETITIONER(S): ----------------------- K.RAMASAMY TRANSPORT 176, M.G.NARAYANSWAMY STREET, NEW SIDDHAPUDUR, COIMBATORE 6141044 REPRESENTED BY ITS PROPRIETOR K.RAMAMASAMY' S/O.KANDASAMY, O.NO.176, N.NO.26 N.G.N STREET, SIDDHAPUDUR, COIMBATORE BY ADVS. SRI.A.SAIN PAUL SRI.P.R.SHIBU SMT.SHAMSEERA. C. ASHRAF RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, MOTOR VEHICLES DEPARTMENT GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM PIN -695 001 2. THE TRANSPORT COMMISSIONER THIRUVANANTHAPURAM. PIN- 695 001 3. THE INDIAN OIL CORPORATION LTD MARKETING DIVISION, KERALA STATE OFFICE PANAMPALLY AVENUE, PANAMPALLY NAGAR KOCHI-36,REPRESENTED BY ITS CHIEF OPERATIONS MANAGER .PIN -687036 4. REGIONAL TRANSPORT AUTHORITY, PALAKKAD ,REPRESENTED BY ITS SECRETARY, PIN -678 001 R1, R2 & R4 BY GOVERNMENT PLEADER SRI. K.C.SANTHOSH R3 BY ADV.SRI.E.K.NANDAKUMAR, SC FOR I.O.C THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.26474 of 2010 ---------------------------------------- Dated 4th November, 2010 JUDGMENT The petitioner is an operator of goods vehicles. This writ petition has been filed mainly with the following prayer:- “(i) Issue a writ of certiorari and set aside the condition imposed in Exts.P2 to P6 permits to the effect that the vehicle in respect of which the temporary permits are issued shall not pick up and set down goods in the state itself as it is violative of the principles of equality enshrined under Article 14 of the Constitution of India and the right guaranteed under Article 19(1)(g) of the Constitution of India, so as to secure the ends of justice.” The contentions raised in this writ petition would thus reveal that the grievance of the petitioner is pertaining to the condition imposed in Exts.P2 to P6 permits to the effect that the vehicles in respect of which temporary permits are issued should not pick up and set down goods between two points situated within the State. 2. A counter affidavit has been filed by the second respondent in this writ petition. It is stated thereunder that temporary permits for the goods vehicles are being issued subject to the interstate agreement between the State of Kerala and the State of Tamil Nadu dated 13.6.1976. As per the inter-state agreement, vehicles shall not be permitted to pick up goods in the reciprocating State to be set down WP(C).No.26474/2010 2 within the State. In view of the contentions raised in this writ petition, Rule 90(7) of the Central Motor Vehicles Rules also assumes relevance and the same reads thus:- “90(7) The vehicle shall not pick up or set down goods between two points situated in the same State other than the home State.” That apart, it is evident that as per Exts.P2 to P4 the concerned vehicles are not permitted to carry hazardous goods. Therefore, any agreement entered into ignoring the conditions of permit cannot be a reason to lay any further claim. In view of the specific provisions under Rule 90(7) of the Central Motor Vehicles Rules and also in view of the inter-state agreement, I am of the view that the condition imposed in Exts.P2 to P6 cannot be said to be illegal inviting interference of this Court. There is no merit in this writ petition and accordingly, this writ petition is dismissed. Sd/- C.T.RAVIKUMAR Judge TKS // True copy // P.S to Judge