Kerala High Court
State Of Kerala vs Deepak Mohandas on 21 February, 2025
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
WA NO. 117 OF 2024 1 2025:KER:15231
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 21ST DAY OF FEBRUARY 2025 / 2ND PHALGUNA, 1946
WA NO. 117 OF 2024
AGAINST THE JUDGMENT DATED 16.11.2023 IN WP(C) NO.18907 OF 2022
APPELLANTS/RESPONDENTS IN WP(C):
1 STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001
2 TRANSPORT COMMISSIONER,
STATE OF KERALA, 8 TH FLOOR, B-BLOCK, CIVIL STATION,
KUDAPPANAKKUNNU, THIRUVANANTHAPURAM, PIN - 695043
3 MOTOR VEHICLE INSPECTOR,
PALAKKAD DISTRICT, PIN - 678001
4 MOTOR VEHICLE INSPECTOR, PALAKKAD RTO ENFORCEMENT, PALAKKAD
DISTRICT, PIN - 678001
BY ADVS.
SPECIAL GOVERNMENT PLEADER SRI.P SANTHOSHKUMAR
RESPONDENT/SRESPONDENT IN WP(C):
DEEPAK MOHANDAS,
AGED 46 YEARS
MANAGING DIRECTOR, M/S. WHITE FIELD DAIRY PVT. LTD. NO. 07
RCC 206 26, S G MUTT ROAD, CHAMARAJPET, BENGALURU,
KARNATAKA, PIN - 560018
BY SRI.V.V. NANDAGOPAL NAMBIAR
THIS WRIT APPEAL HAVING COME UP FOR FINAL HEARING ON 21.02.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 117 OF 2024 2 2025:KER:15231
JUDGMENT
Dr. A.K.Jayasankaran Nambiar, J.
This writ appeal is preferred by the State impugning the judgment dated 16.11.2023 of a learned Single Judge in WP(C).No.18907 of 2022.
2. The brief facts necessary for the disposal of this Writ Appeal are as follows:
The respondent writ petitioner is the owner of a transport vehicle bearing registration No.KA01AM1431, issued by the registering authority in the State of Karnataka, and having an all India permit that enables it to ply across the country. The vehicle is apparently used for carrying milk and milk products of M/s.White Field Dairy Pvt. Ltd., which also operates milk dairies at Aanamalai and Pollachi in Tamil Nadu. The milk products are supplied in five Southern States of India, including the State of Kerala.
3. The challenge in the Writ Petition was against the interception of the vehicle by the appellants herein and the demand made by them of Rs.1,33,590/- towards advertisement fee for alleged violation of Rule 191 of the Kerala Motor Vehicles Rules for exhibiting and displaying the advertisement of M/s.White Field Dairy Pvt. Ltd. - "Amruth Milk".
4. The learned Single Judge, who considered the matter, found that inasmuch as the vehicle was registered in the State of Karnataka and had been granted an all India permit to operate throughout the five Southern States, the State of Kerala did not have the jurisdiction to levy an advertisement fee on the WA NO. 117 OF 2024 3 2025:KER:15231 vehicle by invoking the provisions of Rule 191 of the Kerala Motor Vehicles Rules. In particular, it was found that if every State was given the power to levy and demand advertisement fee, it would have a cascading effect on persons such as the writ petitioner, and it would be very difficult to operate the vehicle on all India basis. The learned Single Judge was also of the view that if the power to levy advertisement fee was stretched to include a separate power for all the States through which the vehicle passed, it would offend the provisions of Articles 301 to 304 of the Constitution of India, which dealt with the freedom of trade, commerce and intercourse within the territory of India. The Writ Petition was, therefore, allowed by the learned Single Judge by holding that the levy of advertisement fee through Ext.P4 that was impugned in the Writ Petition was without jurisdiction, and therefore, liable to be quashed.
5. Before us, it is the submission of Sri.P.Santhosh Kumar, the learned Special Government Pleader appearing on behalf of the appellant State, that the provisions of Rule 191 clearly envisage a situation where the State is empowered to collect advertisement fee from vehicles which ply within the State. He places reliance on the judgment of this Court in Hindustan Petroleum Corporation Limited Vs. State of Kerala [(2016) 3 KLT 183], where it was found that in terms of Rule 194 of the Kerala Motor Vehicles Rules, the State has the power to levy fees for the advertisement on vehicles.
6. Persuasive though the submission of the learned Government Pleader may appear at first blush, we are afraid we cannot accept the same. Rule 191 of the Kerala Motor Vehicle Rules, 1989, deals with the prohibition of advertisement or writing on vehicles. A reading of the Rule clearly indicates WA NO. 117 OF 2024 4 2025:KER:15231 that, in the context of carrying advertisements on vehicles (which is otherwise prohibited by the Rules), it is an enabling provision that enables the registering authority in a State to grant permission for the exhibition of advertisements on any transport vehicle against payment of a fee as prescribed in the Rule. The power given to the registering authority under the said Rule extends even to matters such as prescribing the nature of the advertisement as also the size of the advertisement that can be exhibited on the vehicle. The provisions also make it clear that once the period for which the permission is granted expires, the order granting permission has to be surrendered before the registering authority.
It is clear from a perusal of the Rule, therefore, that the Rule is intended to confer power on a registering authority within a State, to prescribe the conditions under which a vehicle registered in that State can carry advertisements thereon against payment of a fee. The power obviously cannot extend to demanding fees for advertisements carried on vehicles that are registered in other States, especially when the permission to advertise is granted by the registering authority in those States. Accordingly, we see no reason to interfere with the well reasoned judgment of the learned Single Judge. The Writ Appeal fails and is accordingly dismissed.
Sd/-
DR. A.K.JAYASANKARAN NAMBIAR JUDGE Sd/-
EASWARAN S.
JUDGE
mns
WA NO. 117 OF 2024 5 2025:KER:15231
APPENDIX OF WA 117/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE OF REGISTRATION
ISSUED FROM KARNATAKA STATE.
Exhibit P2 THE AUTHORIZATION CERTIFICATE OF NATIONAL
PERMIT (GOODS) IN FORM NO. 47 ISSUED FROM
THETRANSPORT DEPARTMENT, KARNATAKA
Exhibit P3 RUE COPY OF THE FITNESS CERTIFICATE ISSUED
FROM RTO, TRANSPORT DEPARTMENT.
Exhibit P4 TRUE COPY OF THE CHALLAN DATED 24.04.2022
ISSUED BY THE 3RD RESPONDENT.
Exhibit P5 TRUE COPY OF THE RELEVANT PORTION OF G.O(P)
NO. 62/2020/TRANS DATED 25.11.2020.