IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 WP(C).No. 3801 of 2011(A) ------------------------------------- PETITIONER: ------------------- P.P.GEORGE, MANAGING PARTNER, M/S. FIVE STAR LOGISTICS, PARAMBY HOUSE, KARUKUTTY.P.O., MAMBRA, ERNAKULAM DISTRICT-683 576. BY ADVS. SRI.G.HARIHARAN, SRI.PRAVEEN.H. RESPONDENT: ---------------------- M/S. INDIAN OIL CORPORATION LTD., IRUMPANAM, KOCHI-682 309. REPRESENTED BY ITS CHIEF TERMINAL MANAGER. BY SRI. E.K. NANDAKUMAR, S.C, I.O.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 3801 OF 2011 -------------------------- Dated this the 7th day of February, 2011 J U D G M E N T The petitioner is the managing partner of a firm M/s Five Star Logistics, which is engaged in the business of transportation. The said firm was awarded the work of transporting bulk petroleum products by road for a period of two years with effect from 1.6.2010. In his tender, the petitioner had offered seven tank trucks including the tank truck bearing registration No.KA-01C-7663. When the Chief Terminal Manager of the Indian Oil Corporation at its Cochin terminal noticed that the petitioner is using the tank truck bearing registration No. KA-01C-7663 to transport petroleum products within the State of Kerala, he issued Ext.P3 letter dated 15.10.2010 informing the petitioner the said truck should not be used to transport petroleum products within the State of Kerala. Reference was made to rule 90(7) of the Central Motor Vehicle Rules, 1989. The petitioner was called upon to get the vehicle registered within the State of Kerala if he wants to use it to transport petroleum products within the State. Ext.P3 is under challenge in this writ petition. 2. Rule 90(7) of the Central Motor Vehicles Rules reads as follows: “90. Additional conditions for national permit:- The national permit issued under sub-section (12) of Section 88 shall be subject to the following additional conditions, namely:- (1) (2) (3) (4) WPC No.3801/2011 2 (5) (6) (7) The vehicle shall not pick up or set down goods between two points situated in the same State (other than the home State) (Provided that where such vehicle is registered in the National Capital Region, it shall not pick up or set down goods between two points situated in the National Capital Region unless it conforms to the mas emission standards (Bharat Stage-III) specified in sub-rule(14) of Rule 115.” 3. It is evident from rule 90(7) referred to above that the tank truck bearing registration N0. KA-01C-7663 which has a national permit cannot pick up or set down goods between two points situated in the same state other than the home state. The home state in respect of the said truck is the State of Karnataka. The tank truck bearing registration No. KA-01C- 7663 cannot therefore be used to transport goods from one point to another within the State of Kerala or any other State other than the State of Karnataka. I therefore find no grounds to entertain the writ petition. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, (JUDGE) vps WPC No.3801/2011 3 WPC No.3801/2011 4