Chinnan T Pynadath @ Chinnan. P.T vs State Of Kerala
2021 Latest Caselaw 4800 Ker

WP(C).No.28875 OF 2015(S)       -1-

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR

                                  &

             THE HONOURABLE MR. JUSTICE SHAJI P.CHALY

   WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942

                      WP(C).No.28875 OF 2015(S)


PETITIONER/S:

                CHINNAN T PYNADATH @ CHINNAN. P.T
                AGED 64 YEARS
                S/O.LATE THARYAN K.PYNADATH, ASWATHY, MONASTRY
                LANE, ALUVA 683 101.

                BY ADVS.
                SRI.JAIBY PAUL
                SMT.ANITA GLENDA PHILIP

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME
                DEPARTMENT, GOVERNMENT SECRETARIAT,
                THIRUVANANTHAPURAM 695 001.

      2         STATE OF KERALA
                REPRESENTED BY THE SECRETARY TO GOVERNMENT, MOTOR
                VEHICLE DEPARTMENT, ROOM NO.130 , IIND FLOOR, NORTH
                BLOCK, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
                695 001.

      3         THE DISTRICT MAGISTRATE (DISTRICT COLLECTOR)
                CIVIL STATION, KAKKNAD, ERNAKULAM 682 030.

      4         THE STATE POLICE CHIEF, POLICE HEAD QUARTERS
                NEAR VELLAYAMBALAM, VAZHUTHAKAD, SASTHAMANGALAM,
                THIRUVANANTHAPURAM 695 010.

      5         THE SUPERINTENDENT OF POLICE
                ERNAKULAM RURAL , ALUVA 683 101.


                SRI. SURIN GOERGE IPE SR GP FOR RESPONDENTS
 WP(C).No.28875 OF 2015(S)   -2-

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
10-02-2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.28875 OF 2015(S)            -3-



                              JUDGMENT

Dated this the 10th day of February, 2021

S. Manikumar, C. J.

Petitioner has sought for a mandamus, directing the respondents,

to implement the provisions of law, in respect of noise pollution, and

to direct the Secretary to the Government, Motor Vehicle Department,

Government Secretariat, Thiruvananthapuram, the 2 nd respondent, to

make awareness camps, to enlighten the public, regarding noise

pollution, and related traffic rules.

2. Petitioner has further sought for a mandamus, directing the

Secretary to the Government, Home Department, Government

Secretariat, Thiruvananthapuram, the 1st respondent, to issue orders to

obey the traffic rules, in accordance with international norms, to avoid

the accidents in the street, and to protect human life.

3. Petitioner has also sought for a mandamus, directing

respondents, to install mechanical devices, to detect the excessive use

of horns, which exceed the permitted decibels.

4. Short facts leading to filing of the writ petition are as hereunder:-

Petitioner has filed the instant Public Interest Litigation, in

respect of the irregularities alleged to have been committed in

monitoring noise pollution, from the vehicular traffic, in public roads

of the State. According to the petitioner, even though there are statutes

to regulate noise pollution in traffic system, and to prevent noise

pollution which emanates from the vehicular traffic, the present way

of plying the vehicles in the roads is highly irregular, and amounts to

cause of accidents, in the streets, as well as harmful to the life of

human beings.

Petitioner has submitted that, the noise is one of the main

pollutants causing many hazardous consequences, including road

accidents. The excessive noise will cause many psychological impacts

on human beings. In other countries, unnecessary using of horns is

prohibited, unless the situation warrants, and violation is punishable,

as traffic offence.

Petitioner has further submitted that, the public carriers,

including departmental and private vehicles, are using the horns in

excessive decibels, which is not permissible by the statute, in the

public roads of the State. The horns using in traffic junctions, in front

of the hospitals, schools, and other Government institutions, are in

excessive level. In such circumstance, the State Police Chief, has

recently directed to take disciplinary action, against the officers, who

are using the horns in excessive decibels level. Subsequently, after

noticing the above news item, and on the basis of the existing

prolonged noise pollution, emanating from vehicular traffic in the

public road, the petitioner preferred Ext. P2 complaint dated

09.08.2015, under Rule 7 of Noise Pollution (Regulation and Control)

Rules, 2000, before the District Collector, Ernakulam, the 3rd

respondent.

Petitioner has also submitted that, statutory authorities should

strictly follow the legislative intention of the statutes, to safe guard the

life of the citizens of the land, with utmost care. Violation of the

statutory provisions, which is mandatory in nature, regarding the safe

vehicular service, is to be monitored.

5. On 08.02.2021, when the matter came up for admission, we

passed the following order:-

"The petitioner, a social worker, has filed this writ petition as a Public Interest Litigation seeking proper implementation of

the statutory provisions to stop noise pollution from the vehicular traffic in the public roads of the State.

2. Sri. Surin George Ipe, learned Senior Government Pleader, submitted that steps have been taken in terms of Rule 119 of the Central Motor Vehicles Rules, 1989 to prevent noise pollution from the vehicular traffic. But, he does not have the entire data with respect to the special drive conducted to remove the horns prohibited as per the Rules. Therefore, he seeks time to get further instructions on the averments and the prayers sought for."

6. Reverting, on behalf of the Transport Commissioner,

Thiruvananthapuram, Mr. Surin George Ipe, learned Senior

Government Pleader has filed a statement dated 09.02.2021, which

reads thus:-

"2. It is submitted that Rule 119 of the Motor Vehicles Rules, 1989, provides that the every manufacturer of a Motor Vehicle is bound to provide vehicle horns adhering to the prescribed decibel limits. This has to be ensured at the time of registration of a motor vehicle by the Registration authorities. The vehicles that are fitted with sound horns above the prescribed decibel limits will not be permitted for registration. On inspection if it is found that vehicles had replaced the company fitted sound horns in violation to the Rule 119 of the Motor Vehicles Rules, the same would be followed by penal action.

3. It is submitted that in the State of Kerala 85 Enforcement Squads were formed under the caption "Safe Kerala Project" for monitoring and for taking appropriate actions. Further it is submitted that when vehicles are inspected for issuing Certificate of Fitness, Re-registration etc., specific inspections are been made with regard to air horns and multi- toned horns etc. The number of cases detected in March 2019 - 804, April 2019 - 1455, and May 2019 are 2206. Further in consolidation it is found that total number of cases detected from 1.03.2019 to 31.12.2020 is 14809 cases and the total amount of Compounding Fee Collected Rs. 61,52,000/-."

7. Sub clause 1 of Rule 359 of the Kerala Motor Vehicles Rules,

1989, reads thus:-

"359. Horns.- (1) Restriction on use of.- No driver of a motor vehicle shall sound the horn or other device for giving audible warning with which the motor vehicle is equipped, or shall cause or allow any other person to do so to an extent beyond that which is reasonably necessary to ensure safety."

8. From the data, furnished by the Transport Commissioner,

Government of Kerala, it could be seen that, action has been taken in

terms of Rule 119 of the Motor Vehicles Rules, and that, State of

Kerala, has also constituted 85 Enforcement Squads, under the caption

'Safe Kerala Project'.

9. Placing on record the the statement filed on behalf of the

Transport Commissioner, it could be deduced that, action is being

taken, to implement the provisions of law, in respect of noise

pollution, in State of Kerala. However, sufficient awareness has to be

made, enlightening the public, on noise pollution, and related traffic

rules.

In the light of the above, respondents are directed to continue the

awareness programmes, if any already in existence, and if not, devise

programmes, for the said purpose.

Accordingly, writ petition is disposed of.

Sd/-

S.MANIKUMAR CHIEF JUSTICE

Sd/-

SHAJI P.CHALY JUDGE

Eb

///TRUE COPY///

P. A. TO JUDGE

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE NEWS ITEM PUBLISHED IN THE MALAYALA MANORAMA DAILY DATED 26.8.2015

EXHIBIT P1(a) COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P1

EXHIBIT P2 A TRUE COPY OF THE COMPLAINT FILED BY THE PETITONER BEFORE THE 3RD RESPONDENT DATED 9.9.2015

EXHIBIT P3 A TRUE COPY OF THE ACKNOWLEDGMENT CARD SHOWING THE SERVICE OF EXT.P2 COMPLAINT FORWARDED TO TEH 3RD RESPONDENT

EXHIBIT P3(a) A TRUE COPY OF THE ACKNOWLEDGMENT CARD SHOWING THE SERVICE OF EXT P2 COMPLAINT FORWARDED TO THE 1ST RESPONDENT

EXHIBIT P3(b) A TRUE COPY OF THE ACKNOWLEDGMENT CARD SHWOING THE SERVICE OF EXT P2 COMPLAINT FORWARDED TO THE 4TH RESPONDENT

EXHIBIT P3(c) A TRUE COPY OF THE ACKNOWLEDGMENT CARD SHOWING THE SERVICE OF EXT P2 COMPLAINT FORWARDED TO THE 5TH RESPONDENT