Don't Obstruct Buses Registered In Other States Having All India Tourist Permit : Supreme Court To Tamil Nadu Govt

The Supreme Court on Tuesday (June 25) issued notice in a plea challenging the directive issued by the Tamil Nadu Government stating that buses that are not registered in the State of Tamil Nadu will not be permitted to ply within the State unless they are re-registered with Regional Transport Authorities in the State of Tamil Nadu.

The Court also passed an interim direction that the Tamil Nadu authorities should not obstruct buses registered in other states if they have All India Tourist Permit.

"In the meantime, there shall be no hindrance or obstruction in the way of the movement of the omnibus operators within the State of Tamil Nadu who have an All India Tourist Permit," he Court also observed in the interim order.

In a plea, heard by Vacation Bench comprising Justices BV Nagarathna and Ujjal Bhuyan, the petitioners who are Government approved inter-state bus operators holding All India Tourist Permit (AITP) assailed the directives issued by the Tamil Nadu Government which had directed the inter-state bus operators to register their vehicles/buses with RTOs situated in Tamil Nadu to ply within the State otherwise their vehicles will not be allowed to pass through the State of Tamil Nadu.

Stating that a large number of buses are operated by the petitioners to commute passengers from the State of Kerala to other States, the Petitioners argued that the topography of the State of Kerala and the construction of the National Highway make it imminent for the Petitioners to compulsorily pass through the state of Tamil Nadu.

The Petitioners argued that the directives issued by the Tamil Nadu Government are contrary to Section 46 of the Motor Vehicle Act, 1988 (MVA), which provides that a motor vehicle registered in any State in India shall not be required to be registered elsewhere in India and a Certificate of Registration issued or in force under the MV Act shall be effective throughout India.

The petitioners also apprised the Court about the previous proceedings of a similar kind wherein also the State of Tamil Nadu has restricted the movement of the inter-state bus operators subject to re-registration within the State of Tamil Nadu. However, vide order dated 15.12.2023, the Supreme Court allowed the bus operators to pass through the State of Tamil Nadu.

The Petitioners are aggrieved by the latest press release dated 18.06.2024 issued by the Tamil Nadu Transport and Road Safety Commissioner, wherein to regulate the movement of the omnibuses registered (in the State of Nagaland) within the State of Tamil Nadu, the Tamil Nadu Government made it mandatory for the inter-state omni bus drivers to re-register their vehicles within the local RTO situated in the State of Tamil Nadu otherwise the operators would not be allowed to ply their vehicles within the State of Tamil Nadu.

As claimed by the State of Tamil Nadu in a press release, such a directive was issued to stop the recurring loss suffered by the State Transport Department on account of less collection of the road taxes paid by the omnibus operators. According to the State, to avoid high registration charges in the State of Tamil Nadu, the omnibus operators get their vehicles registered in the State of Nagaland and other Northern Eastern States by paying lesser registration charges and ply their vehicles in the State of Tamil Nadu to avoid paying heavy road taxes in Tamil Nadu.

The Petitioners sought the Court's interference on account of Tamil Nadu's action of restraining their vehicle movement within the State due to which an operation of the bus operators came to a halt. Accepting such a demand, the Court allowed the Petitioner's vehicle having an All India Tourist Permit (AITP) to pass through the State of Tamil Nadu without any hindrance or obstruction.

Advocates Mr. S. Mahesh Sahasranaman and Sangramsingh R. Bhonsle appeared for the Petitioners

Case Details: KR Suresh Kumar & Ors. Versus State of Tamil Nadu & Ors., WRIT PETITION (CIVIL) NO. 387 of 2024

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