High CourtsSingle Bench(2013) 03 KL CK 0079

Central Arecanut and Cocoa Marketing and Processing Co-op. Ltd. vs State of Kerala

High Court Of Kerala · Decided on 20 March 2013 · Citation: (2013) 2 KHC 322 : (2013) 2 KLJ 265 : (2013) 2 KLT 183

HON’BLE JUDGES
V. Chitambaresh, J
CASE NUMBER
Writ Petition (C) No. 20223 of 2011

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Judgment

2 paragraphs · 206 words

V. Chitambaresh, J.—No doubt the State Government has the power to make rules as regards the badges and uniform to be worn by drivers of transport vehicles under S. 28 of the Motor Vehicles Act, 1988. But that does not mean that Ext. P2 badge issued by the State of Karnataka and similar other badges issued by other States are not valid within the territory of the State of Kerala. This is particularly so since a licence or badge issued under the Motor Vehicles Act, 1988 is effective throughout India under S. 13 thereof. The second petitioner in the instant case had earlier a light motor vehicle driving licence which was upgraded as one authorising to drive transport vehicle in the State of Karnataka and anywhere in India. The contention that such badges are valid for driving transport vehicles only in the State where it is issued cannot be accepted. The drivers of transport vehicles having national permits could be harassed if the interpretation of the Government Pleader on behalf of the respondents is upheld.

2.

The Writ Petition is disposed of declaring that badges issued by other States in India are effective in the State of Kerala also in the matter of driving transport vehicles.