The Kerala High Court in the case Abdulla. H. Naushad V the State of Kerala Transport Department observed and has passed an interim order wherein the court directed that all the India tourist vehicles cannot be permitted to operate as stage carriers.
It has also been directed by the said court that the authorities in the matter can take the appropriate actions against the tourist buses with all the Indian tourist permits that operate as the stage carriages.
The bench headed by Justice Dinesh Kumar Singh in the case observed and has directed the petitioner who were tourist bus operators to pay fifty per cent of the fine amount which is being imposed by the penalty challans for using their tourist bus in violation of the all-India tourist permit conditions.
The court stated that all the India tourist vehicles cannot be permitted to operate as stage carriage as it is detriment to the stage carriage operators which includes KSRTC and if the petitioners are violating the permit conditions, the petitioners are liable to be fined.
In the present case, the court was hearing the writ plea moved by the petitioner- tourist bus operators who have approached the High Court against the penalty challans issued against them for operating their tourist bus with all India tourist permits as stage carriers. Thus, they also seek the direction against the authorities for issuing such penalty challans against tourist buses with all India tourist permits in violation of the provisions of the Motor Vehicle Act. 1988
The court observed that when the said matter came up for hearing, the Government Pleader, P. Santhosh Kumar submitted before the court that the vehicles of the petitioner with all India tourist permits were being used as stage carriers in violation of the all-India tourist permit conditions.
It was also informed by the said court that the penalty challans were issued against the petitioners.
The court observed that earlier an application was moved by the KSRTC wherein restricting the operations of All India Tourist Permit vehicles through the nationalized routes and scheme covered ROUTES formulated under the Motor Vehicles Act, 1988.
It was also submitted before the court that many tourist vehicle operators resorted to operating their contract carriages as the stage carriages on the ground that the provisions of the Rules enable operators with All India Tourist Permits for entering into individual contracts with passengers to pick and passengers en route.
The counsel, by Advocate M R Sarin appeared for the petitioner.