Kerala High Court
Binu Jacob vs State Of Kerala on 20 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Tuesday, the 20th day of December 2022 / 29th Agrahayana, 1944
WP(C) NO. 40896 OF 2022(J)
PETITIONERS:
1. BINU JACOB, AGED 48 YEARS, S/O. JACOB JOSEPH, NIRAPPEL HOUSE, PAMBA
VALLEY NORTH P.O., ERUMELI SOUTH VILLAGE, KANJIRAPPALLY TALUK,
KOTTAYAM DISTRICT, PIN - 686510
2. SHIJU CHACKO, AGED 43 YEARS, S/O CHACKO, KARIMANGAL HOUSE,
MUKKOOTTUTHARA P.O., MUKKOOTTUTHARA, KOLLAMULA VILLAGE, RANNI
TALUK, PATHANAMTHITTA DISTRICT, PIN - 686510
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF MOTOR
VEHICLES, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PUBLIC
WORKS (PWD), SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
3. THE DISTRICT COLLECTOR, CIVIL STATION, KOTTAYAM, PIN - 686002
4. THE DISTRICT COLLECTOR, COLLECTORATE, PATHANAMTHITTA, PIN - 689645
5. THE DISTRICT CHIEF OF POLICE, DISTRICT POLICE OFFICE, KOTTAYAM, PIN
- 686002
6. THE DISTRICT CHIEF OF POLICE, DISTRICT POLICE OFFICE,
PATHANAMTHITTA, PIN - 689645
7. THE DEPUTY SUPERINTENDENT OF POLICE, DY.S.P OFFICE, KANJIRAPPALLY,
KOTTAYAM DISTRICT, PIN - 686506
8. THE REGIONAL TRANSPORT OFFICER, REGIONAL TRANSPORT OFFICE,
KANJIRAPPILLY, PIN - 686507
9. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM-695001, PIN - 695001
10. ADDL.R10. THE TRANSPORT COMMISSIONER(MOTOR VEHICLES DEPARTMENT),
TRANSPORT COMMISSIONERATE, II ND FLOOR, TRANS BHAVAN, THYCADU.P.O.,
VAZHUTHAKKAD, THIRUVANANTHAPURAM-695014. (ADDITIONAL R10 IS SUO MOTU
IMPLEADED AS PER ORDER DATED 20-12-2022).
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 pass and interim direction directing the respondents to
emergently stop the plying the Tarus tippers, National permit lorries and
other multi axle heavy duty vehicles through the Erumeli-Pampa valley
Bypass road during mandala kalam or during Sabarimala seasons, in the
interest of jusitce.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. P.M.RAFEEK, U.NIDHIN & SARA JOHN, Advocates for the petitioners and
of GOVERNMENT PLEADER for the respondents, the court passed the
following:-
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
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W.P.(C) No.40896 of 2022
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Dated this the 20th day of December, 2022
ORDER
Anil K. Narendran, J.
The petitioners, who are residents near Erumeli - Pamba
Valley bypass road, have filed this writ petition under Article
226 of the Constitution of India seeking a writ of mandamus
commanding the respondents to prohibit plying of Taurus
tippers, National Permit lorries and other multi-axle heavy duty
vehicles through Erumeli - Pamba Valley Bypass road, during
Sabarimala season, so as to reduce traffic jams, accidents and
also damage to the road. The petitioner has also sought for a
writ of mandamus commanding the respondents to make
regular and periodical inspections and checking at Erumeli-
Pamba Valley Bypass road to prevent the illegal plying of
heavy/excess loaded Taurus tippers, National Permit lorries and
other multi-axle vehicles.
2. The Transport Commissioner (Motor Vehicles
Department), Transport Commissionerate, IInd Floor, Trans
Bhavan, Thycadu P.O., Vazhuthakkad, Thiruvananthapuram-
W.P.(C) No.40896 of 2022
695 014, is suo motu impleaded as the additional 10th
respondent.
3. In Anoop K.A. and another v. State of Kerala
and others [2019 (5) KHC 414] this Court directed the State
of Kerala and also the Transport Commissioner, Kerala to take
necessary steps, through the duly authorised police officers and
the officers of the Motor Vehicles Department to ensure strict
compliance of the Road Safety Policy and also the provisions
under the Motor Vehicles Act and the Motor Vehicles (Driving)
Regulations, 2017 in the State of Kerala, as directed by the
Apex Court in S.Rajaseekaran v. Union of India [(2018) 13
SCC 532].
4. In Anoop K.A [2019 (5) KHC 414] it was held
that, in view of the law laid down in V. Rajendran v. Regional
Transport Officer, Thanjavur [2011 SCC OnLine Mad.
1397], Peethambaran T.R. v. Additional Licensing
Authority and another [2012 (3) KHC 917], Ashish
Gosain v. Department of Transport and another [AIR
2016 Delhi 162], Ajith v. State of Kerala and others
[2017 (1) KHC 328], S. Rajaseekaran v. Union of India
[(2014) 6 SCC 36], S. Rajaseekaran (2) v. Union of India
W.P.(C) No.40896 of 2022
[(2018) 13 SCC 532], and Paramjit Bhasin v. Union of
India [(2005) 12 SCC 642] and also the directions issued by
the Supreme Committee on Road Safety, in cases in which
offences like driving at a speed exceeding the specified limit;
carrying overload in goods carriages; driving vehicles under the
influence of drinks and drugs; using mobile phone while driving
a vehicle; etc. are detected, the duly authorised police officers
and the officers of the Motor Vehicles Department shall
forthwith forward the driving licence of the driver of the vehicle
to the Licensing Authority, for initiating proceedings under sub-
section (1) of Section 19 of the Motor Vehicles Act.
5. In Anoop K.A [2019 (5) KHC 414, it was ordered
that stern action shall be taken against the use of goods
carriages and trailers in contravention of the provisions of
Section 113 or Section 114 or Section 115 [which deals with
power to restrict the use of vehicle] of the Motor Vehicles Act
or clause (7) of Rule 90 of the Central Motor Vehicles Rules,
and also for carrying persons in contravention of sub-
regulations (2) and (3) of Regulation 32; for carrying load in
contravention of sub-regulations (1) and (2) of Regulation 35
of the Motor Vehicles (Driving) Regulations, 2017. Considering
W.P.(C) No.40896 of 2022
the increase in the number of 'hit and run' accidents reported
every year, stern action was directed to be taken against the
use of motor vehicles, including goods carriages and trailers, in
contravention of the provisions under Regulation 36 of the
Motor Vehicles (Driving) Regulations, 2017, i.e., against the use
of motor vehicles on public roads without displaying the
registration plates as prescribed by the Motor Vehicles Act and
the rules made thereunder.
6. The learned Senior Government Pleader seeks time
to get instructions from respondents 3 to 8 and also the
additional 10th respondent.
7. The Police and the Enforcement Wing of the Motor
Vehicles Department shall take necessary steps to ensure strict
compliance of the directions contained in the judgment of this
Court in Anoop K.A. [2019 (5) KHC 414].
List this matter for further consideration on 22.12.2022.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
PV
20-12-2022 /True Copy/ Assistant Registrar
