M S AJITH KUMAR Vs. DIRECTOR GENERAL OF POLICE
LAWS(KER)-2003-1-82
HIGH COURT OF KERALA
Decided on January 20,2003

M.S.AJITH KUMAR Appellant
VERSUS
DIRECTOR GENERAL OF POLICE Respondents

JUDGEMENT

- (1.) Sri. M.S. Ajith Kumar and Sri. S. Ramadas who were conducting travel agencies and contract carriage services, filed this Original Petition for declaring that the respondent police officials have no power or authority to detain and seize tourist vehicles belonging to the petitioners and other operators for the alleged violation of the offences under Chapter XIII of the Motor Vehicles Act (for short to be referred as the Act hereinafter) and in the guise of inspection and on trivial offences and also for directing respondents 1 to 3 to consider and pass orders and to dispose of Exts. P12 and P13 representations made by the petitioner.
(2.) The allegations in the petition briefly as follows: Petitioners were conducting travel agencies and also conducting contract carriage services. Their business include arranging tours and contract carriage operation for which they have obtained the required licence. They used to issue tickets for conveying passengers for travel in such vehicles by appointing agents. They were operating the vehicles and transporting passengers strictly in accordance with the provisions of the Act and the Rules. The grievance of the petitioners was that the respondents, the police officials were unnecessarily conducting checking of the buses and were imposing fine and penalty inspite of the vehicles in question were satisfying all the requirements of law and that the vehicles were unnecessarily detained and passengers were compelled to get down from the bus and strand for many hours under the guise of checking and for trivial offences / violations. Further, the drivers were compelled to compound the offences on trivial matters alleged against them and the vehicles were being detained and seized causing much hardships to the passengers as well as to operators.
(3.) Heard the learned counsel for the petitioners and the learned Government Pleader.;


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