M/S.NILESHWAR GAS AGENCIES versus THE STATE OF KERALA REPRESENTED BY THE

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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M/S.NILESHWAR GAS AGENCIES v. THE STATE OF KERALA REPRESENTED BY THE - OP No. 8547 of 2003(P) [2006] RD-KL 2940 (8 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 8547 of 2003(P)

1. M/S.NILESHWAR GAS AGENCIES,
... Petitioner

2. M/S.MADONA GAS AGENCIES,

3. M/S.MARUTHI AGENCIES,

4. M/S.MALLIKA ENTERPRISES,

Vs

1. THE STATE OF KERALA REPRESENTED BY THE
... Respondent

20. THE TRANSPORT COMMISSIONER,

2. THE TRANSPORT COMMISSIONER,

3. THE REGIONAL TRANSPORT OFFICER,

4. THE DEPUTY CHIEF CONTROLLER

For Petitioner :SRI.ANTONY DOMINIC

For Respondent :SRI.GEORGE JOSEPH, ADDL.CGSC

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :08/12/2006

O R D E R

KURIAN JOSEPH, J.

O.P.No.8547 of 2003 Dated 8th December, 2006.

J U D G M E N T

The writ petition is filed mainly with the following prayer :-

"To issue a writ of mandamus or such other writ order or direction directing the 3rd respondent to issue fitness certificates to the vehicles belonging to the petitioner used for transporting LPG cylinders, without insisting on compliance with the colour codes applicable to vehicles transporting dangerous and hazardous goods." There is also a challenge on Ext.P4 circular. The contention of the petitioners is that they were granted exemption as per Ext.P3 by the Government from the operation of Rule 304 of the Kerala Motor Vehicles Rules, from painting highway yellow colour to their vehicles. However, Ext.P4 circular by the Transport Commissioner stipulates that the goods carriages transporting dangerous or hazardous goods shall ply only between 8 p.m. and 8 a.m. Having exempted the petitioner as per Ext.P3 by the Government from the operation of Rule 304, apparently, the matter requires clarification by the Government at least as far as the petitioners are concerned. Even otherwise, the transport of LPG in bulk is different from transport of cylinders. The petitioners are engaged only in transportation of LPG cylinders. In the above  OP NO. 8547/03 2 circumstances, there will be a direction to the Government to consider the matter as far as the impact of Ext.P4 circular of the Transport Commissioner on the petitioners is concerned, since they have already been exempted by the Government as per Ext.P3 from the operation of Rule 304, within three months from the date of production of a copy of the judgment by the petitioners. In order to enable the Government to pass orders as above, petitioners will produce a copy of this judgment along with an appropriate representation before the Government. Till such time, it is made clear that the petitioners shall not be obstructed from transporting LPG cylinders during day time.

KURIAN JOSEPH, JUDGE.

tgs  OP NO. 8547/03 3

KURIAN JOSEPH, J

O.P.No. 8547 of 2003 (P)

J U D G M E N T

Dated 8th December, 2006.  OP NO. 8547/03 4 This Court on 8.10.2004 passed the following order in C.M.P.No.14857/03 :- "The petitioners challenge Ext.P4 circular issued by the Transport

Commissioner. The said circular stipulates that Rules 129, 129A, 134, 135, 136 and 137 of the Central Motor Vehicles Rules and Rules 304 and 336A of the Kerala Motor Vehicles Rules shall be strictly observed, concerning goods carriers transporting L.P.G. cylinders. The petitioners have not challenged those Rules. In view of the above position, the direction to obey those Rules cannot be said to be illegal or irrational. Accordingly, the stay granted against Ext.P4 cannot be revived or extended." The writ petition is hence dismissed making it clear that in case the petitioners have still any grievance left, it will be open to them to pursue the matter in appropriate proceedings, as observed in the order extracted above. 

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