LI Network
Published on: November 27, 2023 at 17:53 IST
The Kerala High Court issued an interim order on Friday, stipulating that All India tourist vehicles are not to be permitted to operate as stage carriages. The court emphasized that appropriate actions can be taken against tourist buses holding All India tourist permits if they are found to be operating as stage carriages.
Justice Dinesh Kumar Singh, presiding over the case, directed petitioners who were operators of tourist buses to remit fifty percent of the fine amount imposed by penalty challans. This penalty was levied due to the violation of the conditions outlined in the All India tourist permits.
The court asserted, “All India tourist vehicles cannot be permitted to operate as stage carriages, as it is detrimental to the stage carriage operators, including KSRTC. If the petitioners are found to be violating the permit conditions, they are liable to be fined.”
The interim order was issued in response to a writ petition filed by tourist bus operators who contested penalty challans issued against them for using their tourist buses with All India tourist permits as stage carriages. The petitioners sought a directive against authorities issuing penalty challans for such violations of the Motor Vehicles Act, 1988.
During the hearing, Government Pleader P. Santhosh Kumar informed the court that the petitioner’s vehicles, operating with All India tourist permits, were being used as stage carriages in contravention of the permit conditions. The court was also apprised that penalty challans had been issued against the petitioners.
Earlier, the Kerala State Road Transport Corporation (KSRTC) had petitioned the court, urging restrictions on the operation of All India Tourist Permit vehicles on nationalized routes and those covered under the Motor Vehicles Act, 1988.
The plea highlighted that many tourist vehicle operators were exploiting provisions in the rules to operate their contract carriages as stage carriages, claiming the right to enter into individual contracts with passengers en route.
Case title: Abdulla. H. Naushad V The State Of Kerala Transport Department.
