IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 28221 of 2011(C) ---------------------------------------- PETITIONER(S): ------------------------- 1. THE THRISSUR DISTRICT PRIVATE BUS OPERATORS ASSOCIATION,REPRESENTED BY ITS PRESIDENT M.S.PREMKUMAR,OUSHADI ROAD, NEAR NORTH BUS STAND,THRISSUR. 2. KERALA BUS TRANSPORT ASSOCIATION (THRISSUR UNIT),REPRESENTED BY ITS SECRETARY, KRISHNA KISHORE,SALU COMPLEX, PAREETH MASTER ROAD, THRISSUR. 3. THE KERALA BUS OPERATORS ORGANIZATION (THRISSUR UNIT),REPRESENTED BY ITS SECRETARY V.S.PRADEEP, TRAVELER'S TOWER,SAKTHAN BUS STAND THRISSUR. 4. THE KERALA STATE PRIVATE BUS OPERATORS CO-ORDINATION COMMITTEE,REPRESENTED BY ITS SECRETARY,JOSE KUZHIPPIL,TRAVELER'S TOWER, SAKTHAN BUS STAND THRISSUR. BY ADV. SRI.P.DEEPAK RESPONDENT(S): --------------------------- 1. GOVERNMENT OF KERALA,REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,SECRETARIAT, THIRUVANANTHAPURAM.PIN- 695 001. 2. THE SECRETARY,REGIIONAL TRANSPORT AUTHORITY,THRISSUR .PIN- 680 001. 3. THE DISTRICT COLLECTOR & CHAIRMAN, REGIONAL TRANSPORT AUTHORITY,THRISSUR.PIN- 680 001 BY GOVERNMENT PLEADER SRI.VIJU ABRAHAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.28221/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PROCEEDINGS OF ORDER OF THE 1ST RESPONDENT DATED 10/5/2011. P2 COPY OF THE REPRESENTATION DATED 7/10/2011 ADDRESSED TO THE 3RD RESPONDENT. P3 COPY OF THE COMMUNICATION OF THE 2ND RESPONDENT DATED 12/10/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts P.N.RAVINDRAN, J ------------------------------------------------- W.P(C) No.28221 of 2011 -------------------------------------------------- Dated this the 27th day of October, 2011 J U D G M E N T The petitioners are registered associations of stage carriage operators, about 4000 in number, operating stage carriage services in Thrissur district. In this writ petition the petitioners seek an order restraining the second respondent from insisting that stage carriages operating in Thrissur district should provide a shutter on the rear door. The petitioners also seek four months time to provide shutters on the rear door of stage carriages as mandated by rule 280(2) of the Kerala Motor Vehicles Rules, 1989. 2. The main ground on which the aforesaid reliefs have been sought is that the State Government proposes to amend sub rule (2) of rule 280 of the Kerala Motor Vehicles Rules by stipulating that no vehicle which is not fitted with pneumatic doors shall be registered as a stage carriage on or after 1-7-2011 and that every vehicle already registered as a stage carriage shall be fitted with pneumatic doors within one year and therefore as all stage carriages will have to be fitted with W.P(C) No.28221 of 2011 2 pneumatic doors shortly, there is no justification in insisting on compliance with sub rule(2) of rule 280 as it now stands. 3. Rule 280(2) of the Kerala Motor Vehicles Rules as it originally stood was as follows: “280. Entrance and exit-(1) In the case of City or Town services every vehicle shall have a separate entrance and a separate exist, one at the front and the other at the rear, each having at least sixty-three centimetres width and sufficient height; Provided that this rule shall not apply to a vehicle the body of which has already been constructed with a common entrance and exit. 2. In the case of other services the opening for entrance and exist may be common and shall have at least sixty-three centimetres width and sufficient height. 3. The provision of this rule shall not apply to vehicles of open type in which the seats are not enclosed by the body of the vehicle.” Rule 280 as it originally stood did not provide for shutters to regulate entry and exit from stage carriages. 4. Rule 280 in its present form was introduced with effect from 1.8.2002 and it reads as follows: 280-Entrance and exit - (1) Every stage carriage shall be provided with two doors, one at the front and the other at the rear of the left hand side of the body, having at least sixty- three centimetres width and sufficient height. (Provided that this rule shall not apply to stage carriages with sheet base upto and including 407 centimeters) W.P(C) No.28221 of 2011 3 2. Every door of a stage carriage shall be provided with shutters which can be opened outward from inside as well as outside, except in the case of town and city services. 3. On both sides of every door in a stage carriage there shall be provided a partition wall upto a height of eighty-five centimetres from the floor of the vehicle. 4. (Every stage carriage shall be provided with an emergency exit in the form of a frame fixed with a safety glass with dimensions one hundred and fifty centimeters horizontally and one hundred and twenty centimeters vertically or in the form of a door with the same dimensions hinged at the top capable of being operated both from inside and outside. The emergency exit shall be fitted at the rear windscreen. The words “EMERGENCY EXIT'' shall be prominently inscribed in red colour on a white background both inside and outside of the emergency exit: Provided that in the case of stage carriages with wheel base upto and including 407 cm the emergency exit shall be of the dimensions 120 cm. horizontally and 100 cm. vertically) 5. The provisions of this rule shall not so apply to a stage carriage registered before 1.8.2002 but shall apply when its body is reconstructed, at any time subsequent to the above date. (emphasis supplied) 5. Sub rule (2) of rule 280 provides that except in the case of town and city services, every door of a stage carriage shall be provided with shutters which can be opened outward from inside as well as from outside. The case set out by the petitioners is that though the stage carriages operated by the persons whom they represent have shutters fixed to the front door, but not to the rear door, as the Government proposes to W.P(C) No.28221 of 2011 4 amend sub rule (2) of rule 280, by stipulating that existing stage carriages shall be fitted with pneumatic doors within one year, there is no reason why they should be compelled to fix shutters on the rear doors also. The petitioners also state that though there are 4000 private stage carriages operating in Thrissur district, body building workshops are only 12 in number and at least four months time is required to fix shutters on the rear doors of all the 4000 stage carriages. 6. I heard Sri.P.Deepak, the learned counsel appearing for the petitioner and Sri.Viju Abraham the learned Senior Government Pleader appearing for the respondents. Sri.P.Deepak, the learned counsel appearing for the petitioners reiterated the contentions set out in the writ petition and contended that in town and city services, shutters are not required to be provided and that it is required to be provided only in stage carriages operating on other routes and that the members of the petitioner associations have substantially complied with the provisions of sub rule (2) of rule 280 by fixing shutters on the front door. The learned counsel contended with reference to the explanatory note appended to Ext.P1 draft rules whereby sub rule (2) of rule 280 is proposed to be W.P(C) No.28221 of 2011 5 amended that while the absence of shutters may cause accidents, the opening and closing of shutters also cause accidents and therefore there is no rationale in stipulating that until pneumatic doors are installed in stage carriages, the front and rear doors should be provided with shutters. Per contra, Sri.Viju Abraham, the learned Government Pleader appearing for the respondents submitted that Ext.P1 draft rule has not been finalised, that the petitioners and others have filed objections to the proposed amendment to rule 280 and until such time as pneumatic doors are provided in stage carriages, every stage carriage should comply with sub rule (2) of rule 280. The learned Government Pleader contend that more than 9 years have passed after rule 280 in its present form was introduced and therefore, the practical difficulties pointed out by the petitioners do not bear scrutiny. 7. I have considered the submissions made at the Bar by the learned counsel appearing on either side. It is evident from the averments in the writ petition and the case set out in Ext.P2 representation that all stage carriages operating in Thrissur district, except town and city services have shutters fixed only on the front door. Sub rule (2) of rule 280 stipulates W.P(C) No.28221 of 2011 6 that every door of a stage carriage shall be provided with shutters which can be opened outward from inside as well as from outside, except in the case of town and city services. Therefore, owners of stage carriages should have in my opinion taken to steps to have shutters fixed on the rear door also when they got shutters fixed on the front door of their stage carriages. As the stage carriage operators had got shutters fixed on the front door, the non-availability of adequate workshops is not a reason to hold that sub rule (2) of rule 280 need not be implemented or complied with. Even assuming that the opening and closing of shutters of stage carriages may cause accidents, it is equally true that passengers travelling in buses are likely to be thrown out in the event of collisions or even minor accidents if the doors are not closed. They can also fall out of the bus if other passengers push them in the process of preparing to get out of the bus. I am therefore not satisfied that the proposal to introduce pneumatic doors in stage carriages of all types is a reason to dispense with compliance of sub rule (2) of rule 280 as it now stands. The said rule is one conceived and introduced in public interest and stage carriage operators cannot take exception to it. W.P(C) No.28221 of 2011 7 I therefore find no grounds to grant the reliefs prayed for. However, having regard to the fact that some time would be required for fixing shutters on the rear door of the stage carriages presently operating in Thrissur district, I am inclined to grant to the members of the petitioner associations two weeks time from today to fix shutters on the rear door of all stage carriages other than those used to operate town and city services. If within the said period of two weeks, stage carriages do not fix shutters on the rear doors of stage carriages operating in Thrissur district otherwise than as town and city services, it will be open to the respondents to prevent buses which have not complied with sub rule (2) of rule 280 of the Kerala Motor Vehicles Rules from being used to operate stage carriage services. P.N.RAVINDRAN JUDGE ab