Kerala High Court
Thursday vs Jaffer Khan on 18 March, 2021
WP(C) 20500/2020 1 / 18
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
Thursday,the 18th day of March 2021/27th Phalguna, 1942
PETITIONER
For information purpose only
WP(C) No.20500/2020(S)
JAFFER KHAN, AGED 51, S/O.OUKKAR HAJI,
KARUVELIL HOUSE, ARAKKAPPADI VILLAGE, VENGOLA P.O-683 547.
RESPONDENTS
1. UNION OF INDIA, REP. BY SECRETARY,
MINISTRY OF ROAD TRANSPORT AND HIGHWAYS- 110 001.
2. STATE OF KERALA, REP. SECRETARY,
MOTOR VEHICLES DEPARTMENT, TRIVANDRUM-695 001.
3. THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE,
VAZHUTHACAUD, TRIVANDRUM-695 014.
4. DEPUTY TRANSPORT COMMISSIONER, NORTH ZONE,
CIVIL STATION, ERANJIPALAM, KOZHIKODE-673 020.
5. DEPUTY TRANSPORT COMMISSIONER, CENTRAL ZONE,
CIVIL STATION, CIVIL LANE ROAD, KALYAN NAGAR,
AYYANTHOLE, THRISSUR-680 003.
6. DEPUTY TRANSPORT COMMISSIONER, SOUTH ZONE,
KUDAPPANAKUNNU P.O, TRIVANDRUM-695 044.
7. KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, FORT P.O, TRIVANDRUM,
REP. BY MANAGING DIRECTOR-695 023.
ADDL. R8 IMPLEADED
8. T. GOPINATHAN, GENERAL SECRETARY,
ALL KERALA PRIVATE BUS OPERATORS ASSOCIATION,
PALAKKAD, REG. NO.642/99, BUS BHAVAN,
NEAR STADIUM BUS, COIMBATORE ROAD, PALAKKAD-678 001.
ADDL. R8 IS IMPLEADED AS PER ORDER DATED 18/03/2021 IN
IA.4/2021 IN WPC.
Writ Petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents to implement strictly and in its full
spirit, the provisions of Exhibit P3 notification with regard to the
fitting of Vehicle Tracking System and Emergency buttons in public
transport vehicles throughout the State, during the pendency of this writ
petition, in the interest of justice.
WP(C) 20500/2020 2 / 18
P.T.O.
For information purpose only
WP(C) 20500/2020 3 / 18
This petition again coming on for admission upon perusing the
petition and the affidavit filed in support of WP(C) and this Court's order
dated 18/01/2021 in IA.1/2021 & 2/2021 IN WPC and judgment dated 23.11.2020
and upon hearing the arguments of M/S PRAVEEN K.JOY, DEEPU RAJAGOPAL, BEENA
JOSEPH, M.K.SAMYUKTHA, M.R.ESHRATH, SREELEKHA. P, E.S.SANEEJ,
M.P.UNNIKRISHNAN, N.ABHILASH & T.A.JOY, Advocates for the petitioner,
SRI.P. VIJAYAKUMAR, ASSISTANT GENERAL OF INDIA for R1, SRI.P.C. CHACKO
For information purpose only
(PARATHANAM), Advocate for R7 and of SRI.I. DINESH MENON, Advocate for
Addl. R8, the court passed the following:
S.MANIKUMAR, C.J. & SHAJI P. CHALY, J.
---------------------------------------
I.A.Nos.1 of 2021, 3 of 2021, 4 of 2021 & 5 of 2021
in W.P.(C)No.20500 of 2020
----------------------------------------
For information purpose only
Dated this the 18th day of March, 2021
ORDER
S.MANIKUMAR, C.J.
This court by judgment dated 23.11.2020 passed the following directions
in W.P.(C)No.20500 of 2021 filed for strict implementation of vehicle Location
Tracking Devices (VLTDs) in the motor vehicles:
"49. Since 1.4.2018, the date on which Rule 151A of the Kerala
Motor Vehicles Rules, 1989 has come into force, and more than 2 ½
years have elapsed. That apart submission of the learned counsel
for the petitioners that a sum of Rs.13 Crores is allotted for the
purpose of equipping the offices of the Motor Vehicles Department
in Kerala, has already been received by the Government of Kerala,
is not specifically refuted by the respondents.
50. Having regard to the object of framing Rule 151A of the
Kerala Motor Vehicles Rules, 1989, safety of the commuters, in
particular, women and children, and taking note of the periodical
orders issued by the Government of Kerala, a duty is cast upon
them to implement the rule and the notifications, without any
further delay. As regards enforcement of the rules, notifications
and circular, the difficulty expressed by the Government with
respect to the vehicles coming from other States, exempting the
W.P.(C)No.20500/2020
:: 2 ::
above said vehicles, is just and reasonable.
In the light of the above discussion, we dispose of the Writ
For information purpose only
Petitions directing the Secretary to the Government, Transport
Department, State of Kerala, Thiruvananthapuram, respondent
No.2 in W.P.(C) No.20768 of 2020, to effectively implement Rule
151A of the Kerala Motor Vehicles Rules, 1989, notifications, and
Circular No.19/2019, with effect from 1.1.2021."
I.A.No.1 of 2021:
I.A.No.1 of 2021 has been filed by the Kerala State Road Transport
Corporation, with a prayer to enlarge the time upto 31.3.2021 for
implementing directions contained in the judgment dated 23.11.2020 in
W.P(C)No.20500 of 2020. By order dated 18th January 2021, this court
extended the time upto 31.3.2021 and further made it clear that the
respondents are directed to implement the directions issued in its letter and
spirit and no further extension would be granted in this regard considering
the relevance and importance of the matter.
I.A.Nos.3, 4 & 5 of 2021:
All Kerala Private Bus Operators Association, Palakkad represented by
its General Secretary has filed I.A.No.3 of 2021 seeking to grant leave to file an
W.P.(C)No.20500/2020
:: 3 ::
impleading petition in the above writ petition. The said association has also
filed another application i.e., I.A.No.4 of 2021 to implead the petitioner
For information purpose only
therein as additional respondent in the case. One more application, I.A.No.5
of 2021 has been filed by them seeking extension of the time limit fixed for
fixation of VLTDs and Emergency Button with effect from 1.1.2021 to
31.3.2021 as far as private operators are concerned.
Mr.Praveen K. Joy, learned counsel for the petitioner has no objection
for numbering the above said interlocutory applications filed in W.P.
(C)No.20500 of 2020.
Though the Registry, High Court of Kerala has noted certain defects to
number these I.As, having regard to the averments made in the supporting
affidavits and the time sought for by the All Kerala Private Bus Operators
Associations, we deem it fit to direct the Registry, High Court of Kerala, to
number the abovesaid I.As. and tag along with the writ petition.
In the above facts and circumstances, I.A.Nos.3, 4 & 5 of 2021 are
allowed. Registry is directed to carry out amendments wherever required.
At this juncture we make it clear that the directions issued in W.P.
(C)No.20500 of 2020 on 23rd November 2020 is made applicable to all the stage
carriage operators governed under the policy extracted in the judgment.
W.P.(C)No.20500/2020
:: 4 ::
However, inviting attention of this court to the instructions vide No.RT-
16011/7/2020-T dated 22nd February 2021 issued by the Director (Transport),
For information purpose only
Government of India, Ministry of Road Transport & Highways, Transport
Section to the Principal Secretary (Transport)/Secretary (Transport) and
Transport Commissioners of all States/Uts, as regards establishment of
Monitoring Centres (backend systems) having connectivity with the VLTD
and confirm that data received from VLTD as per communication protocol as
per AIS-140 and of the fact that the State Monitoring Centre has to check the
Sim Validity (12 months) with M2M/Telecom service provider and such other
requirements as stated in SOP for Vehicle Location Tracking (VLT),
registration and activation in VAHAN, Sri.P.Santhosh Kumar, learned Special
Government Pleader seeks further time to obtain instructions in the matter.
However, it is the submission of the learned Special Government Pleader that
all other steps towards effective implementation of the scheme i.e., fixation of
Vehicle Location Tracking (VLT) and Emergency Buttons have already been
taken.
The recent instructions issued by Director (Transport), Government of
India, Ministry of Road Transport & Highways, Transport Section vide No.RT-
16011/7/2020-T on 22nd February 2021 is extracted hereunder:
W.P.(C)No.20500/2020
:: 5 ::
For information purpose only
W.P.(C)No.20500/2020
:: 6 ::
For information purpose only
W.P.(C)No.20500/2020
:: 7 ::
For information purpose only
W.P.(C)No.20500/2020
:: 8 ::
For information purpose only
W.P.(C)No.20500/2020
:: 9 ::
For information purpose only
W.P.(C)No.20500/2020
:: 10 ::
For information purpose only
W.P.(C)No.20500/2020
:: 11 ::
For information purpose only
W.P.(C)No.20500/2020
:: 12 ::
For information purpose only
W.P.(C)No.20500/2020
:: 13 ::
For information purpose only
W.P.(C)No.20500/2020
:: 14 ::
For information purpose only
W.P.(C)No.20500/2020
:: 15 ::
Having regard to the submission of the learned Special Government
Pleader that the steps have already been taken for installation of Vehicle
For information purpose only
Location Tracking (VLT) and Emergency Buttons, and the recent Standard
Operating Procedure issued by the Director (Transport), we are of the view
that the State Monitoring Centre have to be established for the purpose of
effective implementation of Rule 151(A) of the Kerala Motor Vehicles Rules,
1989, orders and the circulars issued by the Government in this regard.
In order to have effective implementation of the notification and that
the instructions/orders issued from time to time both by the Central
Government and the State Government, we grant two months time to comply
with the directions contained in the Standard Operating Procedure bearing
No.RT-16011/7/2020-T dated 22nd Febraury, 2021 issued by the
Director(Transport). The directions issued are in furtherance to the
judgment of this court in W.P.(C)No.20500 of 2020 dated 23rd November, 2020.
sd/-
S.MANIKUMAR
CHIEF JUSTICE
h/o
sd/-
SHAJI P. CHALY
JUDGE
jes
/true copy/ Sd/- ASSISTANT REGISTRAR
