Central Arecanut & Cocoa Marketing & Processing Co-Operative Limited Karnataka, Represented By Its Managing v. State of Kerala, Represented By The Transport Commissioner, Motor Vehicles Department
2013-03-20
V.CHITAMBARESH
body2013
DigiLaw.ai
Judgment : 1. 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 Section 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 Section 13 thereof. 2. 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. 3. 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.