IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 WP(C).No. 27052 of 2008(U) ----------------------------------- PETITIONER(S): ----------------------- K.NIRANJAN S/O.SOMANATH, AGED 58 YEARS,MANAGING PARTNER KASARAGOD BUS TRANSPORT COMPANY,KASARAGOD. BY MR.SAJEEV KUMAR K.GOPAL, ADVOCATE RESPONDENTS: ----------------------- 1. THE REGIONAL TRANSPORT AUTHORITY KASARAGOD REP. BY ITS SECRETARY. 2. THE SECRETARY, REGIONAL TRANSPORT AUTHORITY,KASARAGOD. BY GOVERNMENT PLEADER FOR SMT. M.R.SREELATHA R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27052 of 2008(U) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE REGISTRATION CERTIFICATE OF THE VEHICLE KL-14/E-1270. EXT.P2 - TRUE COPY OF THE RENEWAL REGARDING RESERVE BUS. EXT.P3 - TRUE COPY OF THE COUNTER SIGNATURE FOR RENEWAL OF PERMIT. EXT.P4 - TRUE COPY OF THE JUDGMENT OF THIS COURT IN O.P. No.9621 OF 2000 DATED 29.8.2002. EXT.P5 - TRUE COPY OF THE JUDGMENT IN W.P.C.27834 OF 2004 DATED 10.3.2006. // TRUE COPY // PA TO JUDGE rhs ANTONY DOMINIC, J. ----------------------------- W.P.(C) No.27052 of 2008 -------------------------------------- Dated this the 30th day of January, 2009 JUDGMENT A direction to the second respondent to issue special permit to the petitioner's vehicle bearing registration no. KL-14/E-1270, under Section 88(8) of the Motor Vehicles Act, 1988 is sought in this writ petition. 2. The petitioner is a stage carriage operator having three stage carriages with regular permits, plying in the interstate route of Kerala- Karnataka. Yet another bus belonging to the petitioner, bearing Registration No. KL-14/E-1270, is maintained as a reserve bus. He applied for a special permit for that bus, but further orders have not been passed. It is therefore, this writ petition has been filed with aforesaid prayer. 3. Counsel contends that in view of Section 88(8) of the Motor Vehicles Act, 1988, a stage carriage having permit issued under Section 72, including reserve carriage is eligible to be issued W.P.(C) No.27052 /2008 2 special permit. Therefore, according to him, the refusal of the authorities to issue special permit applied for, is unjustified. He also relied on Exhibit P5 judgment in support of his contentions. 4. On the other hand, the learned Government pleader disputed the claim of the writ petitioner. According to the learned Government pleader, a reserve bus is maintained and concessional tax is levied, ensure that the same is made available, in case if any other bus plying on regular permit is out of service. It is stated that if special permit is granted to such a reserve bus, that will adversely affect the travelling public and therefore, the permit applied for cannot be granted. 5. First of all, it is to be noted that the petitioner has only three stage carriages operating with regular permit in the interstate route. Rule 182 of the K.M.V. Rule provides for maintaining of reserve buses. Rules provides that there shall be a condition of every stage carriage permit that an operator having seven or more route buses in operation shall maintain reserve buses calculated at the rate of one reserve bus for every complete unit of seven route W.P.(C) No.27052 /2008 3 buses. 6. In the second proviso to the rule, it is provided that an operator of stage carriage having less than seven route buses in operation may in his discretion maintain a reserve bus. Thus, so long as the petitioner has less than seven stage carriages, there is no statutory obligation on his part to maintain any reserve bus. If that be so, the restriction that are canvassed by the learned Government pleader which are otherwise applicable to the operators having at least seven vehicle, cannot in the strict sense apply to the petitioner as he is having only three stage carriages. Section 88(8) of the Act reads as follows; “ Notwithstanding anything contained in sub- section (1), but subject to any rules that may be made under this Act, by the Central Government, the Regional Transport Authority of any one region or, as the case may be, the State Transport Authority may, for the convenience of the public, [grant a special permit to any public service vehicle including any vehicle W.P.(C) No.27052 /2008 4 covered by] by a permit issued under section 72 (including a reserve stage carriage) or under Section 74 or under sub-section (9) of this section for carrying a passenger or passengers for hire or reward under a contract, express or implied, for the use of the vehicle as a whole without stopping to pick up or set down along the line of route passengers not included in the contact, and in every case where such special permit is granted, the Regional Transport Authority shall assign to the vehicle, for display thereon, a special distinguishing mark in the form and manner specified by the Central Government and such special permit shall be valid in any other region or State without the countersignature of the Regional Transport Authority of the other region or of the State Transport Authority of the other State, as the case may be.” 7. A reading of Section 88(8), shows that a vehicle having permit issued under Section 72 including reserve bus are eligible W.P.(C) No.27052 /2008 5 for special permit. 8. So long as the section provides issuance of special permit as canvassed by the counsel for the petitioner, particularly in the facts of this case, that the respondents are liable to issue special permit to the petitioner. I therefore hold that the petitioner is eligible for special permits and therefore, writ petition is disposed of directing that if and when the petitioner makes an application for special permit in respect of stage carriage bearing registration no. KL-14/E-1270, so long as it is a reserve bus, the respondents are liable to consider such application on merit and pass orders. Needless to say that the grant of special permit will be subject to other conditions statutorily prescribed. ANTONY DOMINIC, JUDGE scm