JUDGMENT : 1. The petitioner is the registered owner of a contract carriage bearing registration No.KL-02/AM-8383, covered by Ext.P1 contract carriage permit, which is valid till 03.01.2023, in all fit roads in Kerala State, except those prohibited by any law in force. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P4 Circular No.11/2016 dated 12.04.2016 of the 1st respondent Transport Commissioner; a declaration that painting of figures and photos in vehicles does not amount to advertisement and as such, no fee is liable to be levied as per Rule 191 of the Kerala Motor Vehicle Rules, 1989; and a writ of mandamus commanding the 2nd respondent Regional Transport Officer, Alappuzha to release the original certificate of registration and permit of contract carriage bearing Registration No.KL-02/AM-8383, without insisting compounding of Ext.P2 check report dated 03.02.2018 of the Assistant Motor Vehicle Inspector, Alappuzha, untrammeled by Ext.P2 check report and Ext.P4 circular. The document marked as Ext.P3 is a photograph of the petitioner's contract carriage with gigantic figures of eminent international football players all over the body. 2. On 12.02.2018, when this writ petition came up for admission, the petitioner was directed to produce a copy of the certificate of registration of her contract carriage bearing registration No.KL-02/AM-8383 and the learned Senior Government Pleader was directed to get instructions. 3. On 15.02.2018, when this writ petition came up for consideration, the learned Senior Government Pleader, with reference to the registration details of contract carriage bearing registration No.KL-02/AM-8383 pointed out that the colour of the said vehicle as per its certificate of registration is 'white with blue, gold and gray strips'. The learned counsel for the petitioner sought further time to produce a copy of the certificate of registration and accordingly the matter was adjourned. 4. A counter affidavit dated 09.03.2018 has been filed by the 2nd respondent opposing the reliefs sought for in this writ petition. Along with the counter affidavit, three photographs of the petitioner's contract carriage bearing registration No.KL-02/AM-8383 are placed on record as Ext.R2(a) [wrongly marked as Ext.R3(a)]. 5. On 03.08.2018, when this writ petition came up for consideration, the learned counsel for the petitioner sought time to file reply affidavit to the counter affidavit filed by the 2nd respondent and accordingly, the writ petition was adjourned to 20.08.2018. 5. On 03.08.2018, when this writ petition came up for consideration, the learned counsel for the petitioner sought time to file reply affidavit to the counter affidavit filed by the 2nd respondent and accordingly, the writ petition was adjourned to 20.08.2018. On that day, as requested by the learned counsel for the petitioner, further time was granted to file reply affidavit, and the writ petition was adjourned to 07.09.2018. 6. On 12.09.2018, pursuant to the direction contained in the order of this Court dated 12.02.2018, the petitioner produced the certificate of registration of her contract carriage bearing registration No.KL-02/AM-8383, as Ext.P7, along with I.A.No.1 of 2018 filed for accepting additional document. As per Ext.P7 certificate of registration, the colour of the petitioner's contract carriage is 'white with blue, gold and gray strips'. Ext.P7 certificate of registration issued by the Assistant Registering Authority, Attingal is one dated 04.01.2018, after effecting transfer of registration in the name of the petitioner, with effect from 28.12.2017. 7. Heard the learned counsel for the petitioner and also the learned Senior Government Pleader appearing for the respondents. 8. The fact that, the Assistant Motor Vehicle Inspector in the office of the 2nd respondent Regional Transport Officer intercepted the petitioner's contract carriage and issued Ext.P2 check report dated 03.02.2018, while the said vehicle was proceeding through Alappuzha with figures of eminent international football players all over the body is not in dispute. The said fact is evident from the photograph of the said vehicle produced by the petitioner as Ext.P3 and also from three photographs produced as Ext.R2(a) [wrongly marked as Ext.R3(a)], along with the counter affidavit filed by the 2nd respondent. 9. As per Ext.P2 check report, the petitioner's contract carriage was intercepted while conducting service with figures of eminent international football players all over the body, i.e., on both side portions and also on the front and rear portions of the vehicle. The measurement of the area covered by such figures, as stated in Ext.P2 check report and also the counter affidavit filed by the 2nd respondent are as follows; Right side 1,45,659 Sq. cm. Left side 1,45,659 Sq. cm. Front side 7,224 Sq. cm. Rear side 41,300 Sq. cm. Total 3,39,842 Sq. cm. 10. The measurement of the area covered by such figures, as stated in Ext.P2 check report and also the counter affidavit filed by the 2nd respondent are as follows; Right side 1,45,659 Sq. cm. Left side 1,45,659 Sq. cm. Front side 7,224 Sq. cm. Rear side 41,300 Sq. cm. Total 3,39,842 Sq. cm. 10. The petitioner would contend that the exhibition of figures of eminent international football players all over the body of her contract carriage would not amount to advertisement and as such, the proceedings initiated against her vehicle based on Ext.P2 check report are legally unsustainable. There is no advertisement of any manner on the vehicle and as such, she is not liable to pay any fee under sub-rule (1) of Rule 191 of the Kerala Motor Vehicles Rules, 1989. 11. Per contra, the 2nd respondent would contend that, exhibition of such figures on the petitioner's contract carriage, without getting approval from the Regional Transport Authority and without remitting the requisite fee, amounts to violation of sub-section (2) of Section 190 of the Motor Vehicles Act, 1988 and Rule 191 of the Kerala Motor Vehicles Rules, 1989. Gigantic figures exhibited in the petitioner's vehicle attracts the attention of the public, especially teenagers, which may lead to negligent driving or riding of vehicles leading to accidents. In order to discourage such unwanted figures on transport vehicles Rule 191 of the Kerala Motor Vehicles Rules has been made, prescribing fee for exhibition of such figures. 12. The 2nd respondent would point out that, as per sub-rule (1) of Rule 191, as amended by the Kerala Motor Vehicles (Amendment) Rules, 2015 fee leviable for an area of 3,39,842 Sq.cm. comes to Rs.67,968/- at the rate of Rs.20/-per 100 Sq.cm. The exhibition of any figure or writing on a transport vehicle by painting or affixing stickers or in any other form attracts the provisions under Rule 191 of the Kerala Motor Vehicles Rules. On noticing that contract carriages and other public service vehicles are exhibiting figures and words on the side of the vehicle, without obtaining approval from the State or Regional Transport Authority and remitting the requisite fee, the 1st respondent Transport Commissioner has issued Ext.P4 circular, wherein it has been provided that, while granting approval it has to be noted that the figures and wordings so exhibited do not cross the limit of morality. 13. 13. The Motor Vehicles Act, 1988 (for brevity, 'the MV Act') was enacted by the Parliament to consolidate and amend the law relating to motor vehicles, namely, the Motor Vehicles Act, 1939 to take into account, inter alia, the need for encouraging adoption of higher technology in automotive sector; laying down standards for the components and parts of motor vehicles; concern for road safety standards and pollution control measures, standards for transportation of hazardous and explosive materials; etc. 14. Clause (7) of Section 2 of the MV Act defines the term 'contract carriage' to mean a motor vehicle which carries a passenger or passengers for hire or reward and is engaged under a contract, whether expressed or implied, for the use of such vehicle as a whole for the carriage of passengers mentioned therein and entered into by a person with a holder of a permit in relation to such vehicle or any person authorised by him in this behalf on a fixed or an agreed rate or sum on a time basis, whether or not with reference to any route or distance; or from one point to another, and in either case, without stopping to pick up or set down passengers not included in the contract anywhere during the journey, and includes a maxi-cab; and a motor-cab notwithstanding the separate fares charged for its passengers. 15. Section 39 of the MV Act deals with necessity for registration and Section 56 deals with certificate of fitness of transport vehicles. As per sub-section (1) of Section 56, subject to the provisions of Section 59 (which deals with power to fix age limit of motor vehicles) and Section 60 (which deals with registration of vehicles belonging to the Central Government), a transport vehicle shall not be deemed to be validly registered for the purposes of Section 39, unless it carries a certificate of fitness in such form containing such particulars and information as may be prescribed by the Central Government, issued by the prescribed authority, or by an authorised testing station mentioned in sub-section (2), to the effect that the vehicle complies for the time being with all the requirements of the MV Act and the rules made there under. 16. 16. As per sub-section (3) of Section 56 of the MV Act, subject to the provisions of sub-section (4), certificate of fitness shall remain effective for such period as may be prescribed by the Central Government having regard to the objects of the MV Act. As per sub-section (4), the prescribed authority may for reasons to be recorded in writing cancel a certificate of fitness at any time, if satisfied that the vehicle to which it relates no longer complies with all the requirements of the MV Act and the rules made there under; and on such cancellation the certificate of registration of the vehicle and any permit granted in respect of the vehicle under Chapter V shall be deemed to be suspended until a new certificate of fitness has been obtained. Going by the proviso to sub-rule (4), no such cancellation shall be made by the prescribed authority unless such prescribed authority holds such technical qualification as may be prescribed or where the prescribed authority does not hold such technical qualification, on the basis of the report of an officer having such qualifications. 17. Section 73 of MV Act deals with application for contract carriage permit and Section 74 deals with grant of contract carriage permit. Sub-section (2) of Section 74 deals with the conditions that may be attached to a contract carriage permit granted by the Regional Transport Authority. Section 84 of the Act deals with the general conditions attached to all permits. Clause (a) of Section 84 provides that the vehicle to which the permit relates carries a valid certificate of fitness issued under Section 56 and is at all times so maintained as to comply with the requirements of MV Act and the rules made there under. Clause (g) of Section 84 provides further that the name and address of the operator shall be painted or otherwise firmly affixed to every vehicle to which the permit relates on the exterior of the body of that vehicle on both sides thereof in a colour or colours vividly contrasting to the colour of the vehicle centered as high as practicable below the window line in bold letters. 18. Section 86 of the MV Act deals with cancellation and suspension of permits. 18. Section 86 of the MV Act deals with cancellation and suspension of permits. As per sub-section (1) of Section 86, the transport authority which granted a permit may cancel the permit or may suspend it for such period as it thinks fit for any of the reasons enumerated in clauses (a) to (f) of sub-section (1). Under clause (a) of sub-section (1) of Section 86, the transport authority may cancel the permit or suspend it for such period as it thinks fit, on the breach of any condition specified in Section 84 or of any condition contained in the permit; and under clause (b) of sub-section (1), if the holder of the permit uses or causes or allows a vehicle to be used in any manner not authorised by the permit. 19. Section 95 of the MV Act deals with the power of State Government to make rules as to stage carriages and contract carriages. As per sub-section (1) of Section 95, a State Government may make rules to regulate, in respect of stage carriages and contract carriages and the conduct of passengers in such vehicles. As per sub-section (2) of Section 95, without prejudice to the generality of the provisions under sub-section (1), such rules may deal with the matters enumerated in clauses (a) to (i) of sub-section (2). Section 96 deals with the power of State Government to make rules for the purpose of Chapter V of the MV Act, which deals with control of transport vehicles. As per sub-section (1) of Section 96, a State Government may make rules for the purpose of carrying into effect the provisions of Chapter V of the MV Act. As per sub-section (2) of Section 96, without prejudice to the generality of the power under sub-rule (1), rules under this Section may be made with respect to all or any of the matters enumerated in clauses (i) to (xxxiii) of subsection (2). Under clause (xviii) of sub-section (2), a State Government may make rules for regulating the painting or marking of transport vehicles and the display of advertising matter thereon, and in particular prohibiting the painting or marking of transport vehicles in such colour or manner as to induce any person to believe that the vehicle is used for the transport of mails. 20. Chapter VII of the MV Act deals with construction, equipment and maintenance of motor vehicles. 20. Chapter VII of the MV Act deals with construction, equipment and maintenance of motor vehicles. Section 109 of the Act deals with general provision regarding construction and maintenance of vehicles and Section 110 deals with power of Central Government to make rules. As per sub-section (1) of Section 110, the Central Government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all or any of the matters enumerated in clauses (a) to (p) of sub-section (1). As per clause (d) of subsection (1) the Central Government may make rules in respect of the use of safety glasses including prohibition of the use of tinted safety glasses; as per clause (e), rules in respect of signalling appliances, lamps and reflectors; and as per clause (o), rules in respect of the placement of audio-visual or radio or tape recorder type of devices in public vehicles. Section 111 deals with power of State Government to make rules. As per sub-section (1) of Section 111, a State Government may make rules regulating the construction, equipment and maintenance of motor vehicles and trailers with respect to all matters other than the matters specified in sub-section (1) of Section 110. Section 190 of the MV Act deals with using vehicle in unsafe condition. As per subsection (2) of Section 190, any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed in relation to road safety, control of noise and air-pollution, shall be punishable for the first offence with a fine of one thousand rupees and for any second or subsequent offence with a fine of two thousand rupees. 21. The Central Motor Vehicles Rules, 1989 (for brevity, 'the CMV Rules') made by the Central Government, in exercise of its rule making power under the relevant provisions of the MV Act was published, vide notification dated 02.06.1989. Rules 47 of the CMV Rules deals with application for registration of motor vehicles and Rule 48 deals with issue of certificate of registration. Rules 47 of the CMV Rules deals with application for registration of motor vehicles and Rule 48 deals with issue of certificate of registration. As per Rule 48, on receipt of an application under Rule 47 and after verification of the documents furnished therewith, the registering authority shall, subject to the provisions of Section 44 of the MV Act, issue to the owner of the motor vehicle a certificate of registration in Form 23 or Form 23A (in electronic medium as smart card), as may be specified in the notification issued by the concerned State Government or Union Territory Administration within the period of thirty days from the receipt of such an application. The 'detailed description' of the vehicle in the certificate of registration issued in Form 23 includes 'colour or colours of body, wings and front end' (Sl.No.15). Similarly, 'vehicle details' in the certificate of registration issued in electronic medium in Form 23A includes 'colour' of the vehicle (Sl.No.6.2). 22. Rule 50 of the CMV Rules deals with the form and manner of display of registration marks on motor vehicles. Clauses (i) to (vi) of sub-rule (1) of Rule 50 deals with the specifications of the security license plate, which shall be displayed both at the front and at the rear of all motor vehicles clearly and legibly. Clause (vi) of sub-rule (1) specifies the size of the plate for different categories of vehicles. Sub-rules (2) to (4) of Rule 50 of the CMV Rules read thus; “50. Clause (vi) of sub-rule (1) specifies the size of the plate for different categories of vehicles. Sub-rules (2) to (4) of Rule 50 of the CMV Rules read thus; “50. Form and manner of display of registration marks on the motor vehicles.-(1) On or after commencement of this rule, the registration mark referred to in sub-section (6) of Section 41 shall be displayed both at the front and at the rear of all motor vehicles clearly and legibly in the form of security licence plate of the following specifications, namely:- xxx xxx xxx (2) In the case of motor cycles the registration mark in the front shall be displayed parallel to the handle bar or on any part of the vehicle including mudguard facing the front instead of, on a plate in line with the axis of the vehicle: Provided that- (a) the registration mark exhibited at the rear of a transport vehicle shall be affixed to the vehicle on the right hand side at a distance not exceeding one metre from the ground as may be reasonably possible having regard to the type of the body of the vehicle; (b) the registration mark shall also be painted on the right and left side on the body of the vehicle in the case of a transport vehicle; (c) the registration mark shall also be painted and exhibited on the partition provided between the driver and the passengers, facing the passengers’ seats or, where there is no such partition, on the front interior of the vehicle near the roof to the left side of the driver’s seat facing the passengers’ seats in the case of a stage carriage or a contract carriage and in the case of a motor cab or a taxi cab it shall be sufficient if the registration mark is painted on the dash-board; (d) the letters of the registration mark shall be in English and the figures shall be in Arabic numerals and shall be shown- (A) in the case of transport vehicles in black colour on yellow background; and (B) in other cases, in black colour on white background, the registration mark on the trailer shall be exhibited on the left hand side in black colour on yellow background. In addition, the registration mark on the drawing vehicle shall be exhibited on the trailer also and this shall be done on the right hand side at the rear of the trailer or the last trailer as the case may be, in black colour on retro-reflective type yellow background: Provided that where provisions of this clause have not been complied with in respect of motor vehicle, on or before the commencement of the Central Motor Vehicles (8th Amendment) Rules, 2001, then the provisions shall be complied with,— (i) in respect of transport vehicle, on or before 1st February, 2002; and (ii) in other cases, on or before 1st July, 2002. (3) The registration mark shall be exhibited in two lines, the State code and registering authority code forming the first line and the rest forming the second line, one below the other: Provided that the registration mark in the front may be exhibited in one line in case, in 200mm x 100mm size plate, there is no sufficient space to exhibit the registration mark in one line, the alpha numeric of the registration mark shall be displayed as under: (i) where the total number of alpha numeric characters in the registration mark is even, then, equal number of alpha numeric characters in each line; and (ii) where the total number of alpha numeric characters in the registration mark is odd, then any extra alpha numeric character shall be exhibited on the second line, and all dimensions shall be maintained as per Rule 51 without disturbing security features in the plate. Provided further that in models of vehicles having no sufficient provision at the rear to exhibit the registration mark in two lines, it shall be sufficient if in such vehicles registration mark is exhibited in a single line: Provided further that registration mark on a light motor vehicle may be in the centre with illumination. (4) Every motor vehicle, except motor cab and motor car, manufactured on and from the date of commencement of the Central Motor Vehicles (Amendment) Rules, 1993, shall be provided with sufficient space in the rear for display of registration mark in two lines. xxx xxx xxx” 23. Rule 51 of the CMV Rules deals with size of letters and numerals of the registration mark. xxx xxx xxx” 23. Rule 51 of the CMV Rules deals with size of letters and numerals of the registration mark. As per Rule 51, the dimension of letters and figures of the registration mark and the space between different letters and numerals and letters and edge of the plain surface shall be as enumerated in the table there under. As per the said table, the dimension of letters and figures of the registration mark and the space between different letters and numerals and letters and edge of the plain surface in the case of motor vehicles other than motor cycles, three-wheelers, power tillers, trailers and combine harvester are as follows; “Height : 65 mm ; Thickness :10 mm ; Space between : 10 mm” 24. Rule 62 of the CMV Rules deals with validity of certificate of fitness. As per sub-rule (1) of Rules 62, a certificate of fitness in respect of a transport vehicle granted under section 56 shall be in Form 38 and such certificate when granted or renewed shall be valid for the period specified in clause (a) to (d) of sub-rule (1). As per clause (a) of sub-rule (1), the certificate of fitness in respect of a new transport vehicle shall be valid for two years. As per the proviso to sub-rule (1) of Rule 62, the renewal of a fitness certificate shall be made only after the inspecting authority or authorised testing station as referred to in sub-section (1) of Section 56 of the MV Act has carried the tests specified in the Table given in Rule 62. Rule 62 contemplates checking the condition of spark plug/suppressor cap/high tension cable, head lamp beams, other lights, reflectors, bulbs, rear view mirror, safety glass, horn, silencer, dash board equipment, windshield wiper, exhaust emission, braking system, speedometer and steering gear. Rule 62 provides for checking the functioning of all the aforesaid items except the reflectors, bulbs, rear view mirror, safety glasses and exhaust emission. It provides for checking the make/rating, etc. of spark plug/suppressor cap/high tension cable, bulbs and safety glass as per original equipment recommendations. As per the remarks column of the Table, beam focus of head lamp beams has to be checked as per Annexure VII. In case of the authorised testing station using headlight tester, the testing procedure and requirement shall be as per AIS-128:2014. of spark plug/suppressor cap/high tension cable, bulbs and safety glass as per original equipment recommendations. As per the remarks column of the Table, beam focus of head lamp beams has to be checked as per Annexure VII. In case of the authorised testing station using headlight tester, the testing procedure and requirement shall be as per AIS-128:2014. While checking other lights it has to be ensured that unauthorised lights are not fitted; while checking reflectors it has to be ensured that the colour of reflectors and reflective tapes are as per Rule 104; while checking bulbs it has to be ensured that head light bulbs wattage, especially halogen, is not higher than those indicated in IS 1606-1993 and also that halogen bulbs with P45t caps are not used in all vehicles; while checking safety glasses it has to be ensured that laminated windscreen glass is used for vehicles manufactured from April, 1996 onwards; etc. The certificate of fitness of a transport vehicle issued in Form No.38 contains a certification by the inspecting authority or the authorised testing station that the vehicle complies with the provisions of the MV Act and the rules made there under. 25. Chapter V of the CMV Rules deals with construction, equipment and maintenance of motor vehicles. As per sub-rule (1) of Rule 92, no person shall use or cause or allow to be used in any public place any motor vehicle which does not comply with the provisions of Chapter V. As per the proviso to sub-rule (1), nothing contained in Rule 92 shall apply to vehicles manufactured prior to the coming into force of the Central Motor Vehicles (Amendment) Rules, 1993. As per sub-rule (2), nothing in Rule 92 shall apply to a motor vehicle enumerated in clause (a) to (c). 26. Rule 100 of the CMV Rules deals with safety glass. As per sub-rule (1) of Rule 100, the glass of windscreens and the windows of every motor vehicle other than agricultural tractors shall be of safety glass. Sub-rule (2) of Rule 100 mandates that the glass of the windscreen and rear window of every motor vehicle shall be such and shall be maintained in such a condition that the visual transmission of light is not less than 70%. Sub-rule (2) of Rule 100 mandates that the glass of the windscreen and rear window of every motor vehicle shall be such and shall be maintained in such a condition that the visual transmission of light is not less than 70%. The glasses used for side windows are such and shall be maintained in such condition that the visual transmission of light is not less than 50%, and shall conform to Indian Standards IS: 2553 – Part 2 – 1992. Rule 100 reads thus; “100. Safety glass.-(1) The glass of windscreens and the windows of every motor vehicle other than agricultural tractors shall be of safety glass: Provided that in the case of three-wheelers and vehicles with hood and side covers, the windows may be of acrylic or plastic transparent sheet. Explanation.-For the purpose of this rule, - (i) “safety glass” means glass conforming to the specifications of the Bureau of Indian Standards or any International Standards and so manufactured or treated that if fractured, it does not fly or break into fragments capable of causing severe cuts; (ii) any windscreen or window at the front of the vehicle, the inner surface of which is at an angle more than thirty degrees to the longitudinal axis of the vehicle shall be deemed to face to the front. (2) The glass of the windscreen and rear window of every motor vehicle shall be such and shall be maintained in such a condition that the visual transmission of light is not less than 70%. The glasses used for side windows are such and shall be maintained in such condition that the visual transmission of light is not less than 50%, and shall conform to Indian Standards IS: 2553 – Part 2 – 1992; (3) The glass of the front windscreen of every motor vehicle other than two wheelers and agricultural tractors manufactured after three years from the coming into force of the Central Motor Vehicles (Amendment) Rules, 1993 shall be made of laminated safety glass: Provided that on and from three months after the commencement of the Central Motor Vehicles (Amendment) Rules, 1999, the glass of the front windscreen of every motor vehicle other than two-wheelers and agricultural tractors shall be made of laminated safety glass conforming to the Indian Standards IS: 2553 -Part 2– 1992. Explanation.-For the purpose of these sub-rules “laminated safety glass” shall mean two or more pieces of glass held together by an intervening layer or layers of plastic materials. The laminated safety glass will crack and break under sufficient impact, but the pieces of the glass tend to adhere to the plastic material and do not fly, and if a hole is produced, the edges would be less jagged than they would be in the case of an ordinary glass. (3-A) The glass of the front windscreen of a construction equipment vehicle manufactured after 3 years from the date of commencement of the Central Motor Vehicles (6th Amendment) Rules, 2000 shall be made of laminated safety glass. (4) Notwithstanding anything contained in this rule if the Central Government is of the opinion that it is necessary and expedient to do so in public interest, it may, by order published in the Official Gazette, exempt any motor vehicle including construction equipment vehicle for use by any person, from the provisions of this rule.” 27. Rule 121 of the CMV Rules deals with painting of motor vehicles. As per sub-rule (1) of Rule 121, no motor vehicle including agricultural tractor, construction equipment vehicle and combined harvester shall be painted in olive green colour except those belonging to the Defence Department. As per sub-rule (2) of Rule 121, no contract carriage other than a tourist vehicle covered by permit under sub-section (9) of Section 88 shall be painted in the manner specified in sub-rule (11) of Rule 128. As per sub-rule (3) of Rule 121, no goods carriage other than a goods carriage covered by National Permit shall be painted in the manner specified in sub-rule (1) of Rule 90. 28. Rule 125C of the CMV Rules deals with body building and approval. As per sub-rule (1) of Rule 125C, on and after the 1st day of October, 2014, the testing and approval for body building of new models of buses with seating capacity of 13 or more passengers excluding driver shall be in accordance with AIS: 052 (Revision-1) 2008 as amended from time to time, for vehicles mentioned therein, till corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986. As per the first proviso to sub-rule (1), the provisions of this rule shall be implemented in two phases. As per the first proviso to sub-rule (1), the provisions of this rule shall be implemented in two phases. In first phase, the provisions of AIS: 052 (Revision-1) 2008 excluding the parameters and requirements given in Table-1 below the first proviso shall be applicable on and after 1st day of January, 2017. In second phase, the provisions of AIS: 052 (Revision-1) 2008, as amended from time to time, and the parameters and requirements given in Table-1 below the first proviso shall be applicable on and after the 1st day of January, 2018. Sub-rule (2) of Rule 125C deals with school buses; sub-rule (3) deals with goods vehicles of Category N2 and of Category N3; sub-rule (4) deals with sleeper coaches; and sub-rule (5) deals with double decker buses. 29. The Kerala Motor Vehicles Rules, 1989 (for brevity, 'the KMV Rules') made by the State Government, in exercise of its rule making power under the relevant provisions of the MV Act was published vide notification dated 25.07.1989. Rule 93 of the KMV Rules deals with the particulars to be painted on transport vehicles. As per Rule 93, save in the case of a motor cab or any motor vehicle belonging to the State or Central Government, the following particulars in respect of every transport vehicle shall be exhibited on the left hand side of the vehicle in English letters and numerals, each not less than two and a half centimetres square legibly painted either on a plane surface of the vehicle or a plate or plates affixed to it: (a) the name and address in brief of the registered owner; (b) the un-laden weight of the vehicle; (c) the number, nature and size of the tyres attached to each wheel; (d) the gross vehicle weight of the vehicle and the registered axle weight pertaining to the several axles thereof; (e) if the vehicle is used or adapted to be used for the carriage of passengers solely or in addition to goods, the number of passengers for whom accommodation is provided; (f) the name of the insurer with whom the vehicle is insured; and (g) the date of expiry of the permit and the date of expiry of the certificate of fitness. 30. Rule 105 of the KMV Rules deals with certificate of fitness. 30. Rule 105 of the KMV Rules deals with certificate of fitness. As per sub-rule (3) of Rule 105, which deals with standard of inspection, before the issue or renewal of a certificate of fitness, the inspecting authority or the registering authority shall conduct a thorough inspection of all parts of the vehicle with particular reference to matters if any specified by the Central Government, to ensure that they are in sound and satisfactory condition, and the vehicle in general complies with the requirements of the Act and rules made there under. As per the proviso to sub-rule (3), when minor defects are found on such inspection, the inspecting authority or registering authority may instead of refusing a certificate of fitness defer the issue or renewal of the certificate until the defects are satisfactorily rectified. Rule 109 of the KMV Rules deals with cancellation of certificate of fitness. As per sub-rule (1) of Rule 109, the registering authority or any Inspector of Motor Vehicles may cancel the certificate of fitness of a Transport Vehicle under subsection (4) of Section 56 of the Act, if in his opinion the vehicle does not comply with the provisions of the Act or the rules made there under. 31. Rule 191 of the KMV Rules deals with prohibition of advertisement or writing on vehicles. Rule 191 reads thus; “191. Prohibition of advertisement or writing on vehicles.-(1) No advertising device, figure or writing shall be exhibited on any transport vehicle, save as may be specified by the State or Regional Transport Authority by general or specific order and on payment of fee of Rs.20/-per 100 centimetre square for an advertisement in writing and Rs.40/- per 100 centimetre square for an electronic advertisement for a period of one year or part thereof for each vehicle: Provided that in respect of vehicles of the State Transport Undertaking the Government may allow such advertisements subject to the conditions that they may lay down from time to time in this regard. Provided further that if the advertisement is exhibited for 6 months or a period below 6 months, half of the fee prescribed as per Rule 191(1) shall be remitted. (2) The matter of each advertisement intended to be exhibited on the vehicle shall be approved by the State or Regional Transport Authority. Provided further that if the advertisement is exhibited for 6 months or a period below 6 months, half of the fee prescribed as per Rule 191(1) shall be remitted. (2) The matter of each advertisement intended to be exhibited on the vehicle shall be approved by the State or Regional Transport Authority. (3) After the period for which permission is sanctioned for exhibiting advertisement on vehicle, the order issued for exhibiting advertisement shall be surrendered before the State Transport Authority or Regional Transport Authority concerned. (4) If the matter of advertisement exhibited on the vehicle is changed before the period for which sanction is accorded to exhibit the advertisement, fees prescribed as per sub-rule (1) shall be paid for the new advertisement. Explanation.-For the purpose of this rule, electronic advertisement means an advertisement exhibited on a rolling screen, digital screen or electronic screen or advertisement exhibited on vehicles using any other devices which is not a part of the body of the vehicle.” 32. Rule 192 of the KMV Rules deals with prohibition of painting or marking in certain manner. As per sub-rule (1) of Rule 192, no public service vehicle shall be painted in the pattern adopted by the vehicles of the Kerala State Road Transport Corporation with the combination of colours specified in clauses (i) to (iii) or with a colour which is the same as the colour with which vehicles regularly used for carrying Government mail by or under a contract with Indian Posts and Telegraphs Department are painted. As per sub-rule (2), a vehicle carrying Government mail may be painted with a specified colour and exhibited in a conspicuous place upon a plate or plain surface on the vehicle the word 'Mail' in red colour on a white ground, each letter being not less than fifteen centimetres in height and of a uniform thickness of two centimetres. As per sub-rule (3), save in the case of a vehicle used for carrying Government mails, no motor vehicle shall be marked with any sign or inscription which includes the word 'Mail'. 33. Chapter VII of the KMV Rules deals with construction, equipment and maintenance of motor vehicles. As per sub-rule (3), save in the case of a vehicle used for carrying Government mails, no motor vehicle shall be marked with any sign or inscription which includes the word 'Mail'. 33. Chapter VII of the KMV Rules deals with construction, equipment and maintenance of motor vehicles. As per sub-rule (1) of Rule 249, no person shall use and no person shall cause or allow to be used or to be in any public place any motor vehicle which does not comply with the rules contained in Chapter VII or with any order there under made by the competent authority. Rule 259 of the KMV Rules, which deals with painting, provides that no motor vehicle other than a motor vehicle registered under sub-section (1) of Section 60 of the Act, shall be painted in olive green colour, navy blue colour in disruptive and camouflage pattern and bear markings like B.A. Nos., formation signs and tactical numbers. As per Rule 261, the body of every transport vehicle shall be soundly constructed and securely fastened to the frame of the vehicle and in accordance with the specifications, if any, laid down by the State or Regional Transport Authority. Rule 264 of the KMV Rules deals with paintwork or varnish. As per Rule 264, the paintwork or varnish of every transport vehicle shall be maintained in a clean and sound condition and in accordance with the specifications, if any, laid down by the State or Regional Transport Authority. 34. The Motor Vehicles (Driving) Regulations, 2017 (for brevity, 'the Driving Regulations, 2017') made by the Central Government, in exercise of its powers conferred by Section 118 of the MV Act, and in super-session of the Rules of the Road Regulations, 1989, was notified vide G.S.R.634(E) dated 23.06.2017. Regulation 3, which deals with duty towards other road users and general public provides that no vehicle shall be driven, stopped or parked on a road or in a public place in such a manner as is likely to endanger the safety of or cause inconvenience to other road users. Regulation 5 deals with duties of drivers and riders. As per clause (v) of Regulation 5, the driver shall ensure that his vehicle, while moving or when stationary, does not cause any hindrance or undue inconvenience to other road users or to the occupants of any properties. 35. Regulation 5 deals with duties of drivers and riders. As per clause (v) of Regulation 5, the driver shall ensure that his vehicle, while moving or when stationary, does not cause any hindrance or undue inconvenience to other road users or to the occupants of any properties. 35. Regulation 26 of the Driving Regulations, 2017, which deals with bar on traffic impairment, provides that unless validly permitted by the competent authority under the Act or the rules made there under, no driver shall (i) offer goods or services of any kind on the road; or (ii) display any advertisement on the vehicle. Regulation 36 of the Driving Regulations deals with registration plates. As per sub-regulation (1) of Regulation 36, no vehicle shall be driven or parked on a public road without displaying registration plates as prescribed by the Act and the rules made there under. Sub-regulation (2) of Regulation 36 provides that the registration plates on the front and at the rear of the vehicle shall be clearly visible and legible and no object whatsoever or dirt shall obstruct clear view of the entire registration plate. Sub-regulation (3) provides further that no letter, word, figure, picture or symbol other than the registration number shall be displayed or inscribed or written on the registration plates. 36. The provisions under the MV Act, the CMV Rules and the KMV Rules referred to hereinbefore would make it explicitly clear that, a transport vehicle shall not be deemed to be validly registered for the purpose of Section 39 of the MV Act, unless it carries a certificate of fitness under Section 56 of MV Act, read with sub-rule (1) of Rule 62 of the CMV Rules. The fitness certificate issued in Form 38 contains a certification by the inspecting authority or the authorised testing station that the vehicle complies with the provisions of the MV Act and the rules made there under. Sub-rule (1) of Rule 62 mandates that renewal of fitness certificate of a transport vehicle shall be made only after the inspecting authority or the authorised testing station has carried the tests specified in the Table given in Rule 62, for checking the condition/functioning of various parts/fittings as per the relevant specifications, in order to ensure that the vehicle complies with the provisions of the MV Act and the rules made there under. Sub-section (4) of Section 56 of the MV Act provides for cancellation of a certificate of fitness, at any time, if the prescribed authority, for reasons to be recorded in writing, is satisfied that the vehicle to which it relates no longer complies with all the requirements of the MV Act and the rules made there under. Therefore, at any time after the issuance of a fitness certificate, if the prescribed authority, for reasons to be recorded in writing, is satisfied that the transport vehicle to which it relates no longer complies with all the requirements of the MV Act and the rules made there under, the fitness certificate is liable to be cancelled as per the procedure contemplated under sub-section (4) of Section 56 of the MV Act. In case of violation of the standards prescribed in relation to road safety, control of noise and air-pollution, any person who drives or causes or allows to be driven, such vehicle in a public place, shall also be proceeded against as per the provisions under sub-section (2) of Section 190 of the MV Act. 37. As per clause (xviii) of sub-section (2) of Section 92 of the MV Act, a State Government may make rules for regulating the painting or marking of transport vehicle and display of advertising matters thereon, and in particular prohibiting the painting or marking of transport vehicles in such colour or manner as to induce any person to believe that the vehicle is used for the transport of mails. In exercise of the rule making power under the said clause, the State Government made Rule 191 of the KMV Rules, which deals with prohibition of advertisement or writing on vehicles; and Rule 264, which deals with paint work or varnish. 38. Sub-rule (1) of Rule 191 of the KMV Rules provides that no advertising device, figure or writing shall be exhibited on any transport vehicle, save as may be specified by the State or Regional Transport Authority by general or specific order, and on payment of the fee prescribed in sub-section (1), for a period of one year or part thereof for each vehicle. As per Regulation 26 of the Driving Regulations, 2017, which deals with bar on traffic impairment, unless validly permitted by the competent authority under the MV Act or the rules made there under, no driver shall display any advertisement on the vehicle. 39. As per Regulation 26 of the Driving Regulations, 2017, which deals with bar on traffic impairment, unless validly permitted by the competent authority under the MV Act or the rules made there under, no driver shall display any advertisement on the vehicle. 39. In Hindustan Petroleum Corporation Ltd., Kochi v. State of Kerala and others ( 2016 (3) KHC 693 ), in the context of Rule 191 of the KMV Rules, this Court held that the said Rule provides for imposition of fee not only for advertisements, but also for figures or writings. After referring to the provisions under Rule 134 of the CMV Rules, which deals with 'emergency information panel' for goods carriages used for transporting any dangerous or hazardous goods, this Court held that the writings contained in tanker trucks operated by Hindustan Petroleum Corporation Limited by exhibiting its name in large and bold letters, even though has the characteristics of imposing with fee as prescribed under Rule 191 of the KMV Rules, in view of the stipulations and prescriptions contained under Rule 134 of the CMV Rules, are not liable to be imposed with fee for such writings made on the tanker trucks. However, this Court made it clear that, if any inscriptions or writings are made on such transport vehicles inviting public attention for the products of the petitioner company, Rule 191 of the KMV Rules will come into play. 40. The contract carriage permit issued to the petitioner is one granted under Section 74 of the MV Act. Section 84 of the MV Act deals with general conditions attaching to all permits. As per clause (g) of Section 84, the name and address of the operator shall be painted or otherwise firmly affixed to every vehicle to which the permits relates on the exterior of the body of that vehicle on both sides thereof in a colour or colours vividly contrasting to the colour of the vehicle centred as high as practicable below the window line in bold letters. Similarly, the particulars enumerated in clauses (a) to (g) of Rule 93 have to be legibly painted on every transport vehicle, save in the case of a motor cab or any motor vehicle belonging to the State or Central Government, on the left hand side of the vehicle, in English letters and numerals, each not less than two and a half centimetres square. In the case of educational institution bus and private service vehicle, Rule 291 of the KMV Rules provides that the name of the institution shall be written conspicuously at the top of the front and rear ends and on the left side of the body of the vehicle and the writings shall be horizontal. 41. Rule 264 of the KMV Rules, which deals with paint work or varnish, provides that the paintwork or varnish of every transport vehicle shall be maintained in a clean and sound condition and in accordance with the specifications, if any, laid down by the State or Regional Transport Authority. In exercise of the powers under Rule 264, uniform colour scheme has been implemented for different classes of stage carriages operating throughout the State as City/Town Services, Mofussil/Ordinary Services and Limited Stop/Ordinary Services, vide the decision dated 04.01.2018 of the State Transport Authority. The colour scheme prescribed as per the said decision of the State Transport Authority reads thus; City/Town Services Lime Green (colour value = #338e31) with three equally spaced white lines below the height of the wheel arch. Mofussil/Ordinary Services Deep Sky Blue (colour value = #12bce0) with three equally spaced white lines below the height of the wheel arch. Limited Stop Ordinary Services Maroon (colour value = #871414) with three equally spaced white lines below the height of the wheel arch. As per the decision of the State Transport Authority dated 04.01.2018 a stage carriage shall be in the uniform colour scheme specified therein, with effect from 01.02.2018 and the Secretary of the Regional Transport Authority is directed to ensure the same at the time of producing the vehicle for certificate of fitness or renewal of certificate of fitness. It is also specified that no other graphics, figures or colour schemes other than those permitted under Rule 191 (exhibition of advertisement) of the KMV Rules shall be allowed. 42. As already noticed, the paintwork or varnish of every transport vehicle shall be maintained in a clean and sound condition, which is the mandate of Rule 264 of the KMV Rules. If the State or Regional Transport Authority has laid down any specifications like uniform colour scheme, the paintwork of the transport vehicle shall be in accordance with that specifications. As already noticed, the paintwork or varnish of every transport vehicle shall be maintained in a clean and sound condition, which is the mandate of Rule 264 of the KMV Rules. If the State or Regional Transport Authority has laid down any specifications like uniform colour scheme, the paintwork of the transport vehicle shall be in accordance with that specifications. Any figure or writing exhibited on the transport vehicle, other than the name and address of the operator to be painted or otherwise firmly affixed as per clause (g) of Section 84 of the MV Act; the 'emergency information panel' provided under Rule 134 of the CMV Rules for goods carriages used for transporting any dangerous or hazardous goods; the particulars enumerated in clauses (a) to (g) of Rule 93 of the KMV Rules, painted on the body of the vehicle; the name of the institution exhibited in educational institution bus and private service vehicle as per Rule 291 of the KMV Rules; etc., falls within the scope of Rule 191 of the KMV Rules. Any such figure or writing exhibited on the transport vehicle with an object to invite public attention and to promote the contract or stage carriage service of the operator will attract the provisions of Rule 191 of the KMV Rules. Therefore, the contention of the petitioner that the painting of figures or writings on transport vehicles did not amount to advertisement for the purpose of levy of fee under Rule 191 of the KMV Rules can only be repelled and I do so. 43. In Ext.P4 circular dated 12.04.2016 issued by the 2nd respondent Transport Commissioner, which is under challenge in this writ petition, it is provided that all the officers concerned shall take action as per law against exhibition of large figures and words on contract carriages, without obtaining sanction under Rule 191 of the KMV Rules, from the State or Regional Transport Authorities, and fee under Rule 191 of the KMV Rules shall be collected from such vehicles. While issuing sanction, it may be noted that the figures and words so exhibited do not cross the limit of morality. 44. While issuing sanction, it may be noted that the figures and words so exhibited do not cross the limit of morality. 44. As per Ext.P2 check report dated 03.02.2018, the Assistant Motor Vehicle Inspector in the office of the 2nd respondent Regional Transport Officer intercepted the petitioner's contract carriage while the said vehicle was proceeding through Alappuzha with figures of eminent international football players all over the body. The said fact is evident from Ext.P3 photograph produced by the petitioner and also from three photographs produced as Ext.R2(a) [wrongly marked as Ext.R3(a)], along with the counter affidavit filed by the 2nd respondent. As per Ext.P7 certificate of registration, the colour of the petitioner's contract carriage is 'white with blue, gold and gray strips'. 45. The fact that the petitioner exhibited gigantic figures of eminent international football players all over the body of her contract carriage, without obtaining permission under Rule 191 of the KMV Rules and remitting the requisite fee as per sub-rule (1) of Rule 191, is not in dispute. The photographs of the vehicle, placed on record as Ext.P3 and Ext.R2(a), would make it explicitly clear that the figures and writings are exhibited in that vehicle with the sole object to invite public attention and to promote the contract carriage service of the petitioner, which squarely fall within the scope of Rule 191 of the KMV Rules, attracting levy and collection of the fee prescribed under sub-rule (1) of Rule 191. Therefore, any demand for levy and collection of fee for exhibiting such figures and wordings on the petitioner's contract carriage, in terms of the provisions under Rule 191 of the KMV Rules, taking note of Ext.P1 circular, is perfectly legal and the direction contained in Ext.P1 circular to that extent is perfectly legal. However, the question that has to be decided is whether on payment of the requisite fee the petitioner can be granted sanction to exhibit such figures and writing on her contract carriage. 46. The exhibition of writings and gigantic figures on vehicles by its very nature are intended to attract attention, which would cause distraction to the drivers of other vehicles, cyclists and even pedestrians on the public road. 46. The exhibition of writings and gigantic figures on vehicles by its very nature are intended to attract attention, which would cause distraction to the drivers of other vehicles, cyclists and even pedestrians on the public road. Driver distraction is one of the major cause of road accidents, which is a situation where the attention of the driver is diverted to any other forms of activities, which may affect the concentration of driving activity as well as the safety of the passengers and others on public road. Earning of revenue by the State by the levy of fee under Rule 191 of the KMV Rules or generation of some additional income by the operator of the transport vehicle should not be at the cost of public safety. Therefore, exhibition of writings or figures with the sole object to invite public attention and to promote the contract or stage carriage service should not be permitted by levying fee under Rule 191 of the KMV Rules. 47. As already noticed, the paintwork of every transport vehicle shall be maintained in a clean and sound condition, as contemplated by Rule 264 of the KMV Rules. While approving the matter intended to be exhibited on the vehicle, in exercise of the powers under sub-rule (2) of Rule 191 of the KMV Rules, the State or the Regional Transport Authority shall ensure that it does not cause distraction to the drivers of other vehicles and also cyclists and pedestrians on public road. No approval under sub-rule (2) of Rule 191, shall be granted for exhibition of any advertisements, writings, figures, graphics, etc. on the body of a transport vehicle, at places intended for exhibiting the name and address of the operator as per clause (g) of Section 84 of the MV Act; the 'emergency information panel' as per Rule 134 of the CMV Rules for goods carriages used for transporting any dangerous or hazardous goods; the particulars enumerated in clauses (a) to (g) of Rule 93 of the KMV Rules; the name of the institution exhibited in educational institution bus and private service vehicle as per Rule 291 of the KMV Rules; etc. In the case of a stage carriage in respect of which uniform colour scheme has been implemented under Rule 264 of the KMV Rules, vide the decision of the State Transport Authority dated 04.01.2018, no approval under sub-rule (2) of Rule 191, shall be granted for exhibition of any advertisements, writings, figures, graphics, etc., over the three equally spaced white lines painted below the height of the wheel arch. 48. Rule 100 of the CMV Rules deals with safety glasses. As per sub-rule (2) of Rule 100, the glass of the windscreen and rear window of every motor vehicle shall be such and shall be maintained in such a condition that the visual transmission of light is not less than 70%. The glasses used for side window are such and shall be maintained in such condition that the visual transmission of light is not less than 50% and shall conform to the standards specified in sub-rule (2). In the instant case, Ext.P3 and Ext.R2(a) [wrongly marked as Ext.R3(a)] photographs would show that there are writings and figures on the safety glass fitted on the petitioner's contract carriage. The safety glass used for rear window is almost covered by two gigantic figures of international football players, thereby reducing visual transmission of light to 0% in respect of a considerably large area of the rear window. The colour photographs produced as Ext.R2(a), along with the counter affidavit filed by the 2nd respondent, would show that the safety glass of the rear window and that of the side windows are covered by sliding 'cloth curtains' and it appears that 'sun control' film, i.e., 'tinted film' is pasted on the safety glass. Figures and writings are there on the safety glass fixed on both sides, i.e., the left and right sides of the vehicle. 49. In Avishek Goenka v. Union of India [ (2012) 5 SCC 321 ] the Apex Court prohibited the use of black films of any visual transmission of light percentage or any other material upon the safety glasses, windscreens (front and rear) and side glasses of all vehicles throughout the country. The Apex Court ordered that the Home Secretary, Director General/ Commissioner of Police of the respective States/Centre shall ensure compliance with the direction contained in the judgment, which shall become operative and enforceable with effect from 04.05.2012. Paragraphs 39 and 40 of the said decision reads thus; “39. The Apex Court ordered that the Home Secretary, Director General/ Commissioner of Police of the respective States/Centre shall ensure compliance with the direction contained in the judgment, which shall become operative and enforceable with effect from 04.05.2012. Paragraphs 39 and 40 of the said decision reads thus; “39. The manufacturer of the vehicle may manufacture the vehicles with tinted glasses which have visual light transmission (VLT) of safety glasses windscreen (front and rear) as 70% VLT and side glasses as 40% VLT, respectively. No black film or any other material can be pasted on the windscreens and side glasses of a vehicle. 27. For the reasons afore stated, we prohibit the use of black films of any VLT percentage or any other material upon the safety glasses, windscreens (front and rear) and side glasses of all vehicles throughout the country. The Home Secretary, Director General/Commissioner of Police of the respective States/Centre shall ensure compliance with this direction. The directions contained in this judgment shall become operative and enforceable with effect from 4.5.2012.” 50. In Avishek Goenka's case (supra) the Apex Court held further that, the legislative intent attaching due significance to the 'public safety' is evident from the object and reasons of the MV Act, 1988, the provisions of the said Act and more particularly, the rules framed there under. The Apex Court noticed that use of black films certainly helps the criminals to escape from the eyes of the police and aids in the commission of heinous crimes like sexual assault on women, robberies, kidnapping, etc. If these crimes can be reduced by enforcing the prohibition of law, it would further the cause of Rule of Law and Public Interest as well. Paragraph 19 of the said decision reads thus; “19. The legislative intent attaching due significance to the 'public safety' is evident from the object and reasons of the Act, the provisions of the Act and more particularly, the Rules framed there under. Even if we assume, for the sake of argument, that Rule 100 is capable of any interpretation, then this Court should give it an interpretation which would serve the legislative intent and the object of framing such rules, in preference to one which would frustrate the very purpose of enacting the Rules as well as undermining the public safety and interest. Use of these black films have been proved to be criminal's paradise and a social evil. The petitioner has rightly brought on record the unanimous view of various police authorities right from the States of Calcutta, Tamil Nadu and Delhi to the Ministry of Home Affairs that use of black films on vehicles has jeopardized the security and safety interests of the State and public at large. This certainly helps the criminals to escape from the eyes of the police and aids in commission of heinous crimes like sexual assault on women, robberies, kidnapping, etc. If these crimes can be reduced by enforcing the prohibition of law, it would further the cause of Rule of Law and Public Interest as well.” 51. In Avishek Goenka (2) v. Union of India [(2012) 8 SCC 441] the Apex Court, while dismissing all applications filed seeking clarification and modification of the judgment in Avishek Goenka's case [ (2012) 5 SCC 321 ] reiterated that, in terms of Rule 100 of the CMV Rules, no material including films of any visual transmission of light can be pasted on the safety glasses of the car and this law is required to be enforced without demur and delay. Paragraph 23 of the said decision reads thus; “23. We are really not emphasizing on the security threat to the society at large by use of black films but it is a clear violation of law. Thus, we pass the following orders: (1) All the applications filed for clarification and modification are dismissed, however, without any order as to costs. (2) All the Director Generals of Police/Commissioners of Police are hereby again directed to ensure complete compliance of the judgment of this Court in its true spirit and substance. They shall not permit pasting of any material, including films of any VLT, on the safety glasses of any vehicle. (3) We reiterate that the police authorities shall not only challan the offenders but ensure that the black or any other films or material pasted on the safety glasses are removed forthwith. They shall not permit pasting of any material, including films of any VLT, on the safety glasses of any vehicle. (3) We reiterate that the police authorities shall not only challan the offenders but ensure that the black or any other films or material pasted on the safety glasses are removed forthwith. (4) We make it clear at this stage that we would not initiate any proceedings against the Director Generals of Police/Commissioners of Police of the respective States/Union Territories but issue a clear warning that in the event of non-compliance of the judgment of this Court now, and upon it being brought to the notice of this Court, the Court shall be compelled to take appropriate action under the provisions of the Contempt of Courts Act, 1971 without any further notice to the said officers. We do express a pious hope that the high responsible officers of the police cadre like Director General/ Commissioner of Police would not permit such a situation to arise and would now ensure compliance of the judgment without default, demur and delay. (5)Copies of this judgment be sent to all concerned by the Registry including the Chief Secretaries of the respective States forthwith.” 52. In Avishek Goenka's case (2), in the applications filed by the manufacturers and distributors of 'tinted films', one of the contentions raised was that in the day time when 'tinted films' are pasted upon the safety glasses, still the face and the body of the occupant of the car is visible from outside. In order to substantiate the said fact certain photographs were placed on record. The Apex Court, while dismissing the interlocutory applications observed that, the case put forward by the applicants is a case of change in law and not one of improper interpretation, which is not the function of the Apex Court, and that, the Court has interpreted Rule 100 of the CMV Rules as it exists on the Statute book. Paragraphs 17 to 19 of the said decision read thus; “17. The manufacturer and distributors have placed certain material before us, including some photographs and reports of the American Cancer Society, to show that mostly skin cancer is caused by too much exposure to ultra -violet rays. Paragraphs 17 to 19 of the said decision read thus; “17. The manufacturer and distributors have placed certain material before us, including some photographs and reports of the American Cancer Society, to show that mostly skin cancer is caused by too much exposure to ultra -violet rays. From these photographs, attempt is made to show that in the day time when the films are pasted upon the safety glasses, still the face and the body of the occupant of the car is visible from outside. It is also stated that certain amendments were proposed in the Code of Virginia relating to the use of sun shading and tinting films, on the motor vehicles. Relying upon the material relating to America, it is stated that there are large number of cancer cases in USA and the framers of the law have amended the provisions or are in the process of amending the provisions. This itself shows that it is a case of change in law and not one of improper interpretation, which is not the function of this Court. 18. To counter this, the petitioner has filed a detailed reply supported by various documents. This shows that tinted glasses have been banned in a number of countries and it is not permissible to use such glasses on the windows of the vehicle. Annexure-A1 and A3 have been placed on record in relation to New South Wales, Australia, Afghanistan and some other countries. He has also placed on record a complete research article on the cancer scenario in India with future perspective which has specifically compared India as a developing country with developed countries like USA and has found that cancer is much less in India despite the fact that most of the Indian population is exposed to ultra-violet rays for the larger part of the day for earning their livelihood for their daily works, business and other activities. 19. This controversy arising from the submissions founded on factual matrix does not, in our opinion, call for any determination before this Court. As already noticed, the Court has interpreted Rule 100 as it exists on the Statute book. The environment, atmosphere and geographical conditions of each country are different. The level of tolerance and likelihood of exposure to a disease through sun rays or otherwise are subjective matters incapable of being examined objectively in judicial sense. As already noticed, the Court has interpreted Rule 100 as it exists on the Statute book. The environment, atmosphere and geographical conditions of each country are different. The level of tolerance and likelihood of exposure to a disease through sun rays or otherwise are subjective matters incapable of being examined objectively in judicial sense. The Courts are neither required to venture upon such determination nor would it be advisable.” (underline supplied) 53. A reading of the provisions under Rule 100 of the CMV Rules, which deals with safety glasses, makes it explicitly clear that the glass of the windscreen and rear window of every motor vehicle shall always be maintained in such a condition that the visual transmission of light is not less than 70%. Similarly, the glasses used for side windows of every motor vehicle shall always be maintained in such a condition that the visual transmission of light is not less than 50%. The specifications for safety glasses, which the manufacturer of a motor vehicle is required to adhere to while manufacturing the vehicle are exhaustively dealt with under Rule 100 of the CMV Rules. After referring to the said provisions, the Apex Court in Avishek Goenka's case (supra) prohibited the use of black films of any visual transmission of light percentage or any other material upon the safety glasses, windscreens (front and rear) and side glasses of all vehicles throughout the country. In Avishek Goenka's case (2), the applications filed by the manufacturers and distributors of 'tinted films' seeking clarification and modification of the judgment in Avishek Goenka's case (supra) were dismissed, repelling their contention that that in the day time when 'tinted films' are pasted upon the safety glasses, still the face and the body of the occupant of the car is visible from outside. Therefore, in view of the provisions under Rule 100 of the CMV Rules and the law laid down by the Apex Court in the decisions referred to supra, tampering with the percentage of visual transmission of light of the safety glass of the windscreen, rear window and side windows of a motor vehicle, either by pasting any material upon the safety glass or by fixing sliding 'cloth curtains', etc. are legally impermissible. No approval under sub-rule (2) of Rule 191, shall be granted for exhibition of any advertisements, writings, figures, graphics, etc. are legally impermissible. No approval under sub-rule (2) of Rule 191, shall be granted for exhibition of any advertisements, writings, figures, graphics, etc. on the safety glasses of a transport vehicle, which shall always be maintained in such a condition that the visual transmission of light is not less than that prescribed under sub-rule (2) of Rule 100. The colour photographs produced as Ext.R2(a) [wrongly marked as Ext.R3(a)], along with the counter affidavit filed by the 2nd respondent, would show that the safety glasses fitted on the petitioner's contract carriage are not maintained as per the specifications prescribed under Rule 100 of the CMV Rules. 54. Rule 50 of the CMV Rules, which deals with the form and manner of display of registration marks on motor vehicles and clauses (i) to (iv) deals with the specifications of the security license plate, which shall be displayed on both front and rear of the motor vehicles clearly and legibly. Clause (vi) of sub-rule (1) of Rule 50 specifies the size of the plates for different categories of vehicles. Sub-rule (2) of Rule 50 deals with the manner in which the registration mark of a motor vehicle has to be displayed. As per clause (a) of sub-rule (2), the registration mark exhibited at the rear of a transport vehicle shall be at the right hand side, at a distance not exceeding one meter from ground. As per clause (b) of sub-rule (2), the registration marks shall also be painted on the right and left side on the body of a vehicle in the case of a transport vehicle. As per sub-rule (3) of Rule 50, registration marks shall be exhibited in two line, the state code and registration code forming the first line and rest forming the second line, one below the other. As per the third proviso to sub-rule (3), the registration mark of the light motor vehicle may be in the center with illumination. Sub-rule (4) of Rule 50 mandates that every motor vehicle except motor cab and motor car, manufactured on and from the date of commencement of the Central Motor Vehicle (Amendment) Rules, 1993 shall be provided with sufficient place in the rear for display of registration mark in two lines. Sub-rule (4) of Rule 50 mandates that every motor vehicle except motor cab and motor car, manufactured on and from the date of commencement of the Central Motor Vehicle (Amendment) Rules, 1993 shall be provided with sufficient place in the rear for display of registration mark in two lines. Rule 51 deals with the size of letters and numerals of registration mark, which provides for the dimension of letters or figures of the registration mark and the space between different letters and numbers and letters and edge to the plain surface in the case of various motor vehicles. 55. Going by the mandate of Rules 50 and 51 of the CMV Rules, every motor vehicle used in any public place shall display registration mark as specified in the aforesaid Rules, at the specified place. In the case of a transport vehicle, the registration mark exhibited on the rear shall be on the right hand side, as mandated by clause (a) of Sub-rule (2); the registration mark shall be painted on the right and left side on the body, as mandated by clause (b) of sub-rule (2); and the registration mark shall be exhibited in two lines, the State code and registering authority code forming the first line and rest forming the second line, one below the other, as mandated by sub-rule (3) of Rule 50. In the instant case, Ext.P3 and Ext.R2(a) [wrongly marked as Ext.R3(a)] photographs would show that, the registration mark exhibited on the rear of the petitioner's contract carriage is not on the right hand side; the registration mark is not painted on the right and left side on the body, instead number plates are fitted over the figures painted on the body. As per clause (b) of sub-rule (2) of Rule 50, the registration mark on the right and left side of every transport vehicle has to be painted on the body and the mandate of the said clause cannot be complied with by affixing registration mark on the body using self adhesive stickers or by affixing number plates. As per sub-regulation (1) of Regulation 36 of the Driving Regulations, 2017, no vehicle shall be driven or parked on a public road without displaying registration plates as prescribed by the MV Act and the rules made there under. 56. As per sub-regulation (1) of Regulation 36 of the Driving Regulations, 2017, no vehicle shall be driven or parked on a public road without displaying registration plates as prescribed by the MV Act and the rules made there under. 56. Rule 102 of the CMV Rules deals with signalling devices, direction indicators and stop lights; Rule 104 deals with fitment of reflectors; and Rule 105 deals with lamps. As per sub-rule (1) of Rule 105, save as provided in the said Rule, every motor vehicle, while being driven in public place during the period half an hour after sunset and at any time when there is no sufficient light, shall be lit with the lamps enumerated in clauses (a) to (d) of sub-rule (1). Rule 106 of the CMV Rules provides for deflection of lights; Rule 107 deals with top lights for goods vehicle including trailer and semi-trailer other than three wheelers and vehicle with overall width not exceeding 2.1 meters; Rule 108 deals with use of red, white or blue light for certain purposes; Rule 109 deals with parking lights; and Rule 111 deals with prohibition of spot lights; etc. 57. In Avishek Goenka's case [ (2012) 5 SCC 321 ], after referring to the provisions under Rules 100, 104, 104A, 106, 119 and 120 of the CMV Rules, the Apex Court held that the CMV Rules deal with every minute detail of construction and maintenance of a vehicle. In other words, the standards, sizes and specifications which the manufacturer of a vehicle is required to adhere to while manufacturing the vehicle are exhaustively dealt with under the Rules. What is permitted has been specifically provided for and what has not been specifically stated would obviously be deemed to have been excluded from these Rules. It would neither be permissible nor possible for the court to read into these statutory provisions, what is not specifically provided for. The Apex Court held further that, these provisions demonstrate the extent of minuteness in the Rules and the efforts of the framers to ensure, not only the appropriate manner of construction and maintenance of vehicle, but also the safety of other users of the road. Paragraphs 18 to 21 of the said decision read thus; “18. From the above provisions, it is clear that the Rules deal with every minute detail of construction and maintenance of a vehicle. Paragraphs 18 to 21 of the said decision read thus; “18. From the above provisions, it is clear that the Rules deal with every minute detail of construction and maintenance of a vehicle. In other words, the standards, sizes and specifications which the manufacturer of a vehicle is required to adhere to while manufacturing the vehicle are exhaustively dealt with under the Rules. What is permitted has been specifically provided for and what has not been specifically stated would obviously be deemed to have been excluded from these Rules. It would neither be permissible nor possible for the Court to read into these statutory provisions, what is not specifically provided for. These are the specifications which are in consonance with the prescribed IS No. 2553-Part 2 of 1992 and nothing is ambiguous or uncertain. 19. Let us take a few examples. Rule 104 requires that every motor vehicle, other than three wheelers and motor cycles shall be fitted with two red reflectors, one each on both sides at their rear. Every motor cycle, shall be fitted with at least one red reflector at the rear. Rule 104A, provides that two white reflex in the front of the vehicle on each side and visible to oncoming vehicles from the front at night. 20. Rule 106 deals with deflections of lights and requires that no lamp showing a light to the front shall be used on any motor vehicle including construction equipment vehicle unless such lamp is so constructed, fitted and maintained that the beam of light emitted there from is permanently deflected downwards to such an extent that it is not capable of dazzling any person whose eye position is at a distance of 8 metres from the front of lamp etc. Rule 119 and Rule 120 specify the kind, size and manner in which the horn and silencer are to be fixed in a vehicle. 21. These provisions demonstrate the extent of minuteness in the Rules and the efforts of the framers to ensure, not only the appropriate manner of construction and maintenance of vehicle, but also the safety of other users of the road.” 58. 21. These provisions demonstrate the extent of minuteness in the Rules and the efforts of the framers to ensure, not only the appropriate manner of construction and maintenance of vehicle, but also the safety of other users of the road.” 58. In view of the law laid down by the Apex Court in Avishek Goenka's case (supra) every motor vehicle, including transport vehicles shall be fitted with the lights which are specifically provided for in the CMV Rules and what has not been specifically stated in the said Rules would obviously be deemed to have been excluded from that Rules. Therefore, no motor vehicle, including a transport vehicle, can be fitted with lights which are not specifically provided for in the CMV Rules. In the instant case, Ext.P3 and Ext.R2(a) [wrongly marked as Ext.R3(a)] photographs would show that unauthorised lights are fitted on the petitioner's contract carriage. 59. The certificate of fitness of a transport vehicle issued in Form No.38 contains a certification that the vehicle complies with the provisions of the MV Act and the rules made there under. As per the proviso to sub-rule (1) of Rule 62, the renewal of a fitness certificate shall be made only after carrying out the tests specified in the Table given in Rule 62. Rule 62 contemplates checking the condition of spark plug/suppressor cap/high tension cable, head lamp beams, other lights, reflectors, bulbs, rear view mirror, safety glass, horn, silencer, dash board equipment, windshield wiper, exhaust emission, braking system, speedometer and steering gear; functioning of all the aforesaid items except the reflectors, bulbs, rear view mirror, safety glasses and exhaust emission; the make/rating, etc. of spark plug/suppressor cap/high tension cable, bulbs and safety glass as per original equipment recommendations. While checking other lights it has to be ensured that unauthorised lights are not fitted; while checking reflectors it has to be ensured that the colour of reflectors and reflective tapes are as per Rule 104; while checking bulbs it has to be ensured that head light bulbs wattage, especially halogen, is not higher than those indicated in IS 1606-1993 and also that halogen bulbs with P45t caps are not used in all vehicles; while checking safety glasses it has to be ensured that laminated windscreen glass is used for vehicles manufactured from April, 1996 onwards; etc. Therefore, a transport vehicle fitted with unauthorised lights, cannot be treated as a vehicle which complies with the provisions of the MV Act and the rules made there under, for the purpose of grant of certificate of fitness. 60. In the instant case, admittedly the petitioner has not obtained any sanction under Rule 191 of the KMV Rules for the purpose of displaying any advertisements, figures or writings on her contract carriage. Therefore, it is for the petitioner to remove all such figures, writings, etc., exhibited on her vehicle with an object to invite public attention and to promote her contract carriage service, and maintain the paintwork of her transport vehicle in a clean and sound condition, as contemplated by Rule 264 of the KMV Rules. The petitioner shall remove the unauthorised lights fitted on her vehicle and provide signalling devices, direction indicators, reflectors, lights, etc. as specified in Rules 102, 104, 105, etc. of the CMV Rules. The petitioner shall also maintain the safety glasses of her vehicle as per the specifications prescribed under Rule 100 of the CMV Rules; display the registration marks as prescribed by Rules 50 and 51 of the CMV rules; exhibit the name and address of the operator as specified in clause (g) of Section 84 of the MV Act; exhibit the particulars enumerated in clauses (a) to (g) of Rule 93 of the KMV Rules; etc. Thereafter, the petitioner shall produce her vehicle for inspection before the Assistant Registering Authority, Attingal, within three weeks from the date of receipt of a certified copy of this judgment. On such production, the Assistant Registering Authority shall conduct inspection of the vehicle by an inspection team consisting of officers holding the requisite technical qualification, in order to satisfy that the vehicle complies with the provisions under the MV Act and the rules made there under. 61. Minor defects, if any, found on such inspection shall be permitted to be rectified by the petitioner, within a time limit to be fixed by the Assistant Registering Authority. 61. Minor defects, if any, found on such inspection shall be permitted to be rectified by the petitioner, within a time limit to be fixed by the Assistant Registering Authority. If, based on the report of the inspection team, the Assistant Registering Authority is satisfied that the petitioner's contract carriage, which has been issued with a fitness certificate, no longer complies with all the requirements of the MV Act and the rules made there under, proceedings under sub-section (4) of Section 56 of the MV Act for cancellation of the certificate of fitness of the petitioner's vehicle shall be intitated forthwith, in accordance with the procedure contemplated under sub-section (4), which shall be finalised without any delay. 62. The petitioner shall offer her explanation, if any, to Ext.P2 check report before the 2nd respondent Regional Transport Officer, Alappuzha, within two weeks from the date of receipt of a certified copy of this judgment. Thereafter, the 2nd respondent shall consider the same, with notice to the petitioner and after affording her an opportunity of being heard, and decide the further course to be taken against the petitioner for the irregularities detected in Ext.P2 check report. A decision in this regard shall be taken, as expeditiously as possible, at any rate, within a further period of three weeks. 63. In the result, the challenge made in this writ petition against Exts.P2 and P4 is repelled for the reasons stated hereinbefore and the writ petition is disposed of with the aforesaid directions. The 1st respondent Transport Commissioner shall forward a copy of this judgment to the Assistant Registering Authority, Attingal, for compliance. The 1st respondent shall take necessary steps to ensure strict complaince of the aforesaid provisions of the MV Act and the rules made there under, taking note of the findings hereinbefore. No order as to costs.