Kerala High Court
Kerala Taxi Drivers Organization ... vs State Of Kerala on 15 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942
WP(C).No.24425 OF 2020(C)
PETITIONER:
KERALA TAXI DRIVERS ORGANIZATION KL 55 ZONE
COMMITTEE,
MALAPPURAM, REPRESENTED BY ITS
PRESIDENT RAJESH KUMAR,
S/O.RAMAN, AGED 39, MANNARI HOUSE,
PARIYAPURAM (PO), MALAPPURAM,
PIN 676 302.
BY ADV. SRI.M.DEVESH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY
TO TRANSPORT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN 695 001
2 THE PRINCIPAL SECRETARY TO GOVERNMENT
TRANSPORT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN 695 001.
3 TRANSPORT COMMISSIONER
TRANSPORT COMMISSIONARATE,
TRANS TOWER, VAZHUTHACAUD,
THIRUVANANTHPURAM, PIN 695 001.
4 UNION OF INDIA
REPRESENTED BY ASSISTANT SOLICITOR GENERAL,
HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN 682 031.
SMT SHEEJA CS, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.24425 OF 2020(C) 2
JUDGMENT
The Kerala Taxi Drivers Organisation KL-55 Zone Committee,
Malappuram has approached this Court with this writ petition
challenging the insistence of fitment of vehicle location tracking device
and panic buttons in the stage carriage and motor cabs.
2. A counter affidavit has been filed by the 3rd respondent,
wherein it is stated that a Division Bench of this Court as per
judgment dated 23.11.2020 in W.P.(C) No.20768 of 2020 has issued
directions to the Government to effectively implement Rule 151A of
the Kerala Motor Vehicle Rules, 1989, notifications and Circular
No.19/2019 with effect from 01.01.2021. It is stated that the
Government has initiated appropriate action for the fitment of vehicle
location tracking devices in all public service vehicles and in goods
carriage vehicles.
3. In view of the directions so issued, the relief sought for by
the petitioner cannot be granted.
4. However, the learned Government Pleader on instructions
submitted that as per the MoRTH directive No.RT-11036/35/2020-MVL
considering the pandemic situation the validity of Fitness, Permit (all
types), Driving License, Registration or any other concerned
document(s) whose extension of validity could not or not likely to be
granted due to COVID-19 pandemic and which is expired from 1st of
February, 2020 or would expire by 31st March 2021, be treated as
valid till 31st March 2021. It is pointed out that the petitioner has time
till 31.3.2021 to comply with the directions.
In that view of the matter, no further directions are required to
be issued. This writ petition is closed.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
NS
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION DATED
28.11.2016 ISSUED BY THE CENTRAL
GOVERNMENT.
EXHIBIT P2 TRUE COPY OF THE NOTIFICATION DATED
15.11.2017 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE NOTIFICATION DATED
18.04.2018 ISSUED BY THE CENTRAL
GOVERNMENT.
EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS DATED
31.10.2018 ISSUED BY THE CENTRAL
GOVERNMENT.
EXHIBIT P5 TRUE COPY OF THE RELEVANT PORTION OF
THE PROPOSAL OF THE TRANSPORT
COMMISSIONER DT. NIL.
EXHIBIT P6 TRUE COPY OF THE NOTIFICATION DATED
01.01.2020 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED
13.08.2020 SUBMITTED BY THE
PETITIONER TO THE 2ND RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED
13.08.2020 SUBMITTED BY THE
PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE CERTIFICATE OF
REGISTRATION DATED 12.6.2018.
EXHIBIT P10 TRUE COPY OF THE LIST OF MEMBERS
ENROLLED IN THE PETITIONER
ORGANISATION
RESPONDENTS EXHIBITS:NIL
//TRUE COPY//
P.A TO JUDGE
