All India Tourist Buses Cannot Be Operated As Stage Carriages : Kerala High Court

Justice Dinesh Kumar Singh also directed the petitioners who were tourist bus operators to pay fifty per cent of the fine amount imposed by the penalty challans for using their tourist bus in violation of the all India tourist permit conditions.

“All India tourist vehicles cannot be permitted to operate as stage carriage as it is detriment to the stage carriage operators including KSRTC. If the petitioners are violating the permit conditions, they are liable to be fined.”

The Court passed the above interim order in a writ petition filed 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. They also sought a 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

When the matter came up for hearing, Government Pleader, P.Santhosh Kumar submitted that the petitioner’s vehicles with all India tourist permits were being used as stage carriers in violation of the all India tourist permit conditions. The Court was also informed that penalty challans were issued against the petitioners.

Earlier, KSRTC had also moved a petition before the Court for restriction of operation of All India Tourist Permit vehicles through the nationalized routes and scheme covered ROUTES formulated under the Motor Vehicles Act, 1988. It was submitted that many tourist vehicle operators resorted to operating their contract carriages as stage carriages on the ground that the provisions of the Rules enable operators with All India Tourist Permits to enter into individual contracts with passengers to pick and passengers en route.

The petitioner was represented by Advocate M R Sarin

Case title: Abdulla. H. Naushad V The State Of Kerala Transport Department

Case number: WP(C) NO. 39289 OF 2023

Click Here To Read/Download Interim Order