Supreme Court to Tamil Nadu: Don’t Obstruct Buses with All India Tourist Permit
The Supreme Court issued a notice on Tuesday (June 25) in response to a plea challenging the Tamil Nadu Government’s directive that buses not registered in Tamil Nadu must re-register with the state’s Regional Transport Authorities to operate within its borders. The Court also provided interim relief, instructing Tamil Nadu authorities not to obstruct buses registered in other states if they possess an All India Tourist Permit (AITP).
The Vacation Bench, comprising Justices BV Nagarathna and Ujjal Bhuyan, heard the plea from government-approved inter-state bus operators holding AITPs. The petitioners contested the Tamil Nadu Government’s directive, which required them to register their vehicles with Tamil Nadu’s RTOs to operate within the state, or face prohibition from passing through.
The petitioners, who operate numerous buses from Kerala to other states, argued that the geographical layout and the National Highway construction necessitate their passage through Tamil Nadu. They contended that the directive contradicts Section 46 of the Motor Vehicle Act, 1988, which stipulates that a vehicle registered in any Indian state does not need re-registration elsewhere in the country. The Certificate of Registration is valid throughout India.
The petitioners also referenced previous proceedings where Tamil Nadu imposed similar restrictions, which the Supreme Court overturned on December 15, 2023, allowing bus operators to pass through the state. The current plea challenges a press release dated June 18, 2024, from the Tamil Nadu Transport and Road Safety Commissioner, enforcing re-registration for buses, specifically targeting vehicles registered in Nagaland and other northeastern states, to combat revenue loss from lower road taxes.
Tamil Nadu’s directive aims to address the financial impact on its Transport Department, claiming that operators register in states with lower charges to avoid higher fees in Tamil Nadu. The petitioners sought the Court’s intervention, arguing that Tamil Nadu’s actions halted their operations. The Supreme Court responded by permitting buses with AITPs to pass through Tamil Nadu without hindrance.
Advocates Mr. S. Mahesh Sahasranaman and Sangramsingh R. Bhonsle represented the petitioners.
Case Details: KR Suresh Kumar & Ors. Versus State of Tamil Nadu & Ors., WRIT PETITION (CIVIL) NO. 387 of 2024