SC upholds Kerala rule on vehicle permit

The top court set aside the 2017 judgment of the Division Bench of the Kerala High Court by allowing the appeal of the State government and the regional transport authority

The Supreme Court on Thursday upheld the validity of one of the provisions of the Kerala Motor Vehicles Rules which empowers the State transport authority to reject an application for permit replacement if the vehicle sought to be granted the permit is older than the one which is being replaced.

The top court set aside the 2017 judgment of the Division Bench of the Kerala High Court by allowing the appeal of the State government and the regional transport authority.

The Division Bench of the High Court had held as illegal Rule 174(2)(c) of the Kerala Motor Vehicles Rules, 1989 which gives discretionary power to the transport authority to reject the application “if the new vehicle proposed is older than the ones ought to be replaced”.

“The decision that we have arrived at is based on the interpretation of statutory provisions and the principles concerning the construction of subordinate legislation. As the judgment of the High Court is contrary to law, it is compelling and inevitable that we set aside the judgment and rule upon the correct position of law...,’‘ said the Bench comprising Justices K.M. Joseph and P.S. Narasimha.