Kerala High Court
Suo Motu vs Union Of India Represented By The ... on 13 September, 2024
Author: Anil K. Narendran
Bench: Anil K.Narendran
WP(C) No.25158/2024 1 / 20
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Friday, the 13th day of September 2024 / 22nd Bhadra, 1946
IA.NO.2/2024 IN WP(C) NO. 25158 OF 2024(S)
APPLICANT/ADDL. 6TH RESPONDENT:
NOUSHAD I, S/O.SULAIMAN, AGED 42 YEARS, IRUMBADASSERI HOUSE,
VADASSERY, PANNIPPARA P.O., EDAVANNA, MALAPPURAM DISTRIC, PIN-676
541
RESPONDENTS/RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY THE SECRETARY (ROAD, TRANSPORT AND
HIGHWAYS), MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT
BHAWAN, GOKUL NAGAR, SANSAD MARG AREA, NEW DELHI- PIN - 110 001
2. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO
GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN
- 695 001
3. THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN - 695 001
4. THE TRANSPORT COMMISSIONER OF KERALA, TRANSPORT COMMISSIONERATE, 2ND
FLOOR, TRANS TOWER, CV RAMAN PILLAI ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM, KERALA, PIN - 695 014
5. THE STATE POLICE CHIEF OF KERALA, STATE POLICE HEADQUATERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA, PIN - 695 010
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to accept the
additional documents produced along with the application for impleading
and mark the same as Exhibits R6(a) to R6(f) in the above writ petition,
in the interest of justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, this Court's order dated
12/09/2024 and upon hearing the arguments of SRI.RAKESH.K, ADVOCATE FOR
THE APPLICANT IN I.A/ADDL. R6 IN WP(C), SRI. R.V.SREEJITH, SENIOR PANEL
COUNSEL for R1 in I.A/WP(C), SRI. S RAJMOHAN (SR.), SENIOR GOVERMENT
PLEADER for R2 & R5 in I.A/ WP(C) and of SRI. P. SANTHOSH KUMAR, SPECIAL
GOVERNMENT PLEADER for R3 & R4 IN I.A/WP(C), the court passed the
following:
P.T.O
WP(C) No.25158/2024 2 / 20
1
W.P.(C)No.25158 of 2024
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
-----------------------------------------------------
W.P.(C) No.25158 of 2024
------------------------------------------------------
Dated this the 13th day of September, 2024
ORDER
Anil K. Narendran, J.
I.A. Nos.1, 2 & 4 of 2024
These are applications are filed by a third party to this writ
petition, who is the registered owner of a contract carriage
bearing Registration No.KL-10/BJ-9897, who has been issued
with Ext.R6(a) show cause notice dated 04.07.2024 under
Section 53(1) of the Motor Vehicles Act, 1988.
2. On 12.09.2024, when these interlocutory
applications came up for consideration, on a query made by this
Court, the learned counsel for the applicant submitted that the
contract carriage in question is covered by the safety standards
in AIS-052-Code of Practice for Bus Body Design and Approval.
The learned counsel for the applicant sought time to place on
record the colour photographs of the exterior body, driver cabin
and passenger compartment of the said contract carriage. By
the order dated 12.09.2024, the learned Special Government
Pleader was directed to make available for the perusal of this
Court, the colour photographs of that contract carriage taken
at the time of inspection by the Enforcement Officers in the
Motor Vehicle Department.
3. Today, when this matter is taken up for
consideration, along with I.A.No.4 of 2024, the applicant has
placed on record Ext.R6(g) colour photographs of the contract
carriage in question. The learned Special Government Pleader
has made available for the perusal of this Court, a few
photographs of the exterior body, driver cabin and passenger
compartment of contract carriage bearing Registration No.KL-
10/BJ-9897, taken at the time of inspection by the Enforcement
Officers in the Motor Vehicles Department and that taken at the
time when that vehicle was produced for inspection after
removing certain unauthorised lights and other fittings. The
learned Special Government Pleader seeks time to place on
record those photographs along with a memo.
4. Having considered the submissions made by the
learned counsel for the applicant, the learned Special
Government Pleader, we deem it appropriate to allow IA No.1
of 2024 by impleading the applicant as additional 6 th
respondent in the writ petition. IA Nos.2 & 4 of 2024 are
allowed, accepting Exts.R6(a) to R6(f) and Ext.R6(g) as
documents on the side of the applicant.
5. Registry to carry out necessary corrections in the
cause title in terms of the order in IA No.1 of 2024.
6. The contract carriage owned by the additional 6th
respondent, bearing Registration No.KL-10/BJ-9897 is
governed by the Safety Standards in AIS-052-Code of Practice
for Bus Body Design and Approval. A few photographs of the
exterior body, driver cabin and passenger compartment of that
vehicle taken at the time of inspection by the Enforcement
Officers in the Motor Vehicles Department are extracted
hereunder;
7. A few photographs of contract carriage bearing
Registration No.KL-10/BJ-9897 taken after the additional 6th
respondent removing certain unauthorised lights and other
fittings are extracted hereunder;
8. From the submissions made by the learned counsel
for the additional 6th respondent and the learned Special
Government Pleader, we notice that instead of imposing a fine
of Rs.5,000/- per each alteration, i.e., Rs.5,000/- for each
aftermarket multi coloured, LED/laser/neon lights, flash lights,
as provided under sub-section (4) of Section 182A of the Motor
Vehicles Act, read with SRO No.788/2012 published in the
Kerala Gazette Extra Ordinary No.2577 dated 26.10.2019, the
additional 6th respondent has been imposed with a fine of
Rs.5,500/-, as stated in paragraph 7 of the affidavit filed in
support of I.A. No.1 of 2024.
9. The alterations made to the electrical wiring kit of
the contract carriage (in violation of the safety standards in
AIS-052 - Code of Practice for Bus Body Design and Approval),
unauthorised lights fitted in the vehicle which are capable of
dazzling the drivers of the oncoming vehicle, pedestrians and
other road users (in violation of the safety standards in AIS-
008 - Installation Requirements of Lighting and Light Signalling
Devices for Motor Vehicles having more than Three Wheels,
including Quadra Cycles, Trailor and Semi-Trailor, excluding
Agricultural Tractor), pasting of stickers on the front wind shield
of the contract carriage causing obstruction to the clear vision
of the driver to the front (in violation of the provisions contained
in Rule 278 of the Kerala Motor Vehicles Rules, 1989) and
disabling Vehicle Location Tracking Device fitted in the contract
carriage are the violation of the safety standards noted in
Ext.R6(c) show cause notice issued to the additional 6th
respondent, invoking the provisions under Section 55(3) of the
Motor Vehicles Act, 1988, for cancellation of the Certificate of
Registration of the contract carriage.
10. As evident from the photographs extracted
hereinbefore, the contract carriage owned by the additional 6th
respondent, even after removal of certain unauthorised lights
and other fittings, is having unauthorised LED lights fitted on
the front bumper and inside the radiator grill, which are capable
of dazzling the drivers of the oncoming vehicles, pedestrians
and other road users, thereby causing a potential threat to the
safety of other road users.
11. Chapter 1 of AIS-052 deals with scope and
definitions of the Code of Practice for Bus Body Design and
Approval. As per para 1.1.49, 'cab lamp' or 'courtesy lamp'
fitted in the driver cabin above the head of the driver is for
lighting up the dashboard area and the inside driver cabin,
which is meant for operation while the bus is stationary. As per
para 1.1.55, 'passenger area lamps' provided in the passenger
compartment are to light up the passenger area and assist the
passenger in identifying objects and reading the printed matter.
12. Chapter 4 of AIS-052 deals with lighting and
illumination. As per para 4.1.1.1, external lighting and light
signalling devices of the bus shall comply with the rules laid
down under the Central Motor Vehicles Rules, 1989, and as
amended from time to time. As per para 4.1.1.2, all lighting
and light-signalling devices shall be type approved. As per para
4.1.2.1, internal lighting and light-signalling devices shall
provide adequate illumination inside the bus for the safe
operation by the driver and the passengers, during darkness
and other conditions of reduced visibility. The position of the
illumination devices is provided in para 4.1.2.2 and the type of
bulbs for lamp assemblies is provided in para 4.1.2.3. Para
4.1.2.4.1.2 deals with driver cabin lighting. Cab lamp or
courtesy lamp, locker lamp and electrical distribution lamp fall
under this category. Similarly, para 4.1.2.4.1.3 deals with
passenger compartment lighting. Exit lamps and passenger
area lamps falls under this category. The 'luminous flex' of the
lamps provided in driver cabin and passenger compartment is
provided in para 4.1.2.4.1.2.3 and 4.1.2.4.1.3.3 of AIS-052.
Para 4.1.2.4.1.3.2 makes it explicitly clear that the lighting
devices used for passenger area should ensure reading of
signages inside the passenger area and other important signs
like emergency signs. The illumination should light up handles,
latches, norms, roads, hand-holds, etc., facilitating easy access
to passenger. The illumination should be adequate for reading
printed matter by the passenger. Para 4.2 of AIS-052 deals with
type approval. As per para 4.2.1, the lighting and light
signalling devices fitted in buses shall be type approved for
performance as well as installation requirements as notified
under the Central Motor Vehicles Rules, 1989, and as amended
from time to time. As per para 4.2.2, all the above information
shall be incorporated in the technical specification submitted for
the type approval.
13. Chapter 5 of AIS-052 deals with electrical equipment
and wiring. Para 5.1 deals with electrical cables and para 5.4
deals with safety requirements. As per para 5.4.2, additional
circuits shall not draw current more than that specified by the
manufacturer. As per para 5.4.4, no circuit provided by the
vehicle manufacturer or type approved shall be modified. Para
5.5 deals with batteries. As per para 5.5.2, the battery
compartment shall be separated from the passenger
compartment and if provided in the driver's compartment, it
shall be covered and well ventilated. Para 5.6 deals with
electrical wiring and circuits. As per para 5.6.1, the circuit
diagram of the bus provided by OE vehicle manufacturer shall
not be tampered. Chapter 6 of AIS-052 deals with test
methods, which includes body structure strength test, roll over
test on a body section, seat requirements for driver/co-driver
seat and passenger seat, electrical conductor test. Para 6.9
deals with test methods for illumination. As per para 6.9.1.2,
for measurements of illumination as per para 4.1.2.4.1.2.3
(driver cabin lighting) and para 4.1.2.4.1.3.3 (passenger
compartment lighting) a lux meter shall be employed. After
switching on the individual lighting devices, in as installed
condition, the lux meter shall be placed at the location specified
in para 4.1.2.4.1.2.3 and para 4.1.2.4.1.3.3 and then lux
values shall be noted. These lux values shall fall within the
prescribed limits. Para 6.9.2 deals with test methods of cabin
lighting and para 6.9.3 deals with test methods for passenger
area lighting.
14. Chapter 7 of AIS-052 deals with type approval and
conformity of production (COP) procedure. Para 7.1. of AIS-052
deals with scope. As per para 7.1.1, the type approval
procedure specified in this code is applicable to buses with a
seating capacity of 13 passengers or above. As per para7.1.3,
the system for approval of prototype (Rule 126) and conformity
to production (Rule 126A) to comply with provisions with
respect to the safety, strength and technical requirements
specified in the bus body building code shall be based on the
standards notified from time to time. Para.7.2 deals with the
procedure for type approval.
15. Para 7.8 of AIS-052 deals with accreditation of bus
body builders. As per para 7.8.1, all bus body building units
shall be accredited by agencies notified by the Government.
The accredited bus body building units shall meet the type
approval requirements specified in para 7.2. Para 7.9 deals with
non-conformity of production. As per para 7.9.1, the
accreditation granted to the bus body building unit may be
suspended or withdrawn in case of non-conformity as per
notified procedures for facility accreditation of bus body
builders, by the Ministry of Road Transport and Highways.
16. Having considered the submissions made by the
learned counsel for additional 6th respondent and the learned
Special Government Pleader with specific reference to the
photographs extracted hereinbefore at paragraphs 6 and 7, we
deem it appropriate to direct the 4th respondent Transport
Commissioner to get a report from the concerned Enforcement
Officer in the Motor Vehicles Department on the violation of the
safety standards in AIS-052 - Code of Practice for Bus Body
Design and Approval and that contained in AIS-008 -
Installation Requirements of Lighting and Light-Signalling
Devices for Motor Vehicles having more than Three Wheels,
including quadra cycles, Trailer and Semi-Trailer, excluding
Agricultural Tractor, in contract carriage bearing Registration
No.KL-10/BJ-9897 owned by the additional 6th respondent, with
specific reference to the requirements of AIS-052 dealt with
hereinbefore at paragraphs 11 to 15. In the said report the
concerned Enforcement Officer shall offer explanation for
imposing a fine of Rs.5,500/- only on the said contract carriage,
instead of imposing a fine of Rs.5,000/- per each alteration,
i.e., Rs.5,000/- for each unauthorised after-market multi-
coloured LED/Laser/Neon lights, flashlights, etc. The Transport
Commissioner shall also obtain a report from the Registering
Authority of contract carriage bearing Registration No.KL-
10/BJ-9897 explaining the circumstances in which such a
contract carriage is granted Certificate of Registration openly
flouting the safety standards in AIS-052. In that report, the
Registering Authority shall point out the alterations made in the
contract carriage in violation of the type approval granted to
the accredited body builder and also the details of the
accredited body builder.
17. On a query made by this Court, the learned counsel
for the additional 6th respondent would submit that the
additional lights and other fittings were fitted in the body
building yard of M/s. Prakash Body Builders, as required by the
additional 6th respondent owner of contract carriage bearing
Registration No.KL-10/BJ-9897.
18. As evident from the photographs extracted
hereinbefore at paragraph 7, even after removing unauthorised
lights and other fittings, the aforesaid contract carriage is fitted
with unauthorised LED lights on the front bumper. Lights in
excess of the number prescribed in AIS-008 are fitted on the
bus body, driver cabin and passenger compartment. The lights
fitted in the passenger compartment and driver cabin are in
violation of the safety standards contained in AIS-052
regarding driver cabin lighting and passenger compartment
lighting. Despite the directions contained in various orders of
this Court, the concerned Enforcement Officers in the Motor
Vehicles Department has not initiated prosecution against the
owner and driver of the said contract carriage for using such a
vehicle on public place, which is an offence punishable under
sub-section (2) of Section 190 of the Motor Vehicles Act, 1988.
19. Having considered the materials on record and also
the submissions made at the Bar, we deem it appropriate to
direct the learned Special Government Pleader to get
instructions from the 4th respondent Transport Commissioner
on the failure of the Enforcement Officers in the Motor Vehicles
Department in preventing the use of such contract carriages on
public place, posing threat to the safety of its passengers and
also other road users.
20. On 12.09.2024 when this matter came up for
consideration, the learned Senior Government Pleader has
made available for the perusal of this Court a copy of FIR in
Crime No.805/2004 of Feroke Police Station, Kozhikode
registered in connection with an incident that happened on
11.09.2024 at 3.30 p.m. in front of Feroke College, in
connection with Onam celebrations, involving vehicles bearing
Registration Nos.UP-16/AV-9400, KL-56/W-5576, DL-3C/BV-
8383, KL-72/E-1999 and KL-46/T-5900. The learned Special
Government Pleader has made available for the perusal of this
Court a report dated 12.09.2024 of the Regional Transport
Officer (Enforcement), Kozhikode to the Joint Transport
Commissioner (Enforcement), Thiruvananthapuram, regarding
the above incident, in which Challans have been issued in
respect of the following vehicles;
Vehicle Number Challan Number
KL-11-BY-5522 KL5148976240912092943
KL-65-T-2631 KL5148976240912084982
KL-06-3691 KL5148976240912082577
KL-01-BF-2126 KL5148976240912081745
KL-71-G-8005 KL51306240912103450
21. By the order dated 12.09.2024, the learned Special
Government Pleader was directed to get instructions as to
whether the vehicles involved in that incident have already
been taken into custody and whether the drivers of those
vehicles have been identified for initiating proceedings under
Section 19(1) of the Motor Vehicles Act, 1988, for suspension
of their driving licence.
22. Today, when this matter is taken up for
consideration, the learned Special Government Pleader has
made available for the perusal of this Court report dated
13.09.2024 of the Regional Transport Officer (Enforcement),
Chevayur, Kozhikode regarding an incident that happened in
connection with Onam celebrations in Feroke College. In that
report, the details of the 8 vehicles involved in that incident
have been pointed out along with the particulars of e-challan
already issued. A few screenshots taken from the news item
that appeared in Manorama News are extracted hereunder;
23. The learned Special Government Pleader has made
available for the perusal of this Court, the proceedings of the
Regional Transport Officer (Enforcement) in respect of an
incident that happened in connection with Onam celebrations
at Kanjhirode. We have also viewed in open court a news item
that appeared in visual media about that incident.
24. Having considered the materials on record and also
the submissions made at the Bar, we deem it appropriate to
direct the 4th respondent Transport Commissioner, through the
Enforcement Officers in the Motor Vehicles Department, to take
necessary steps to ensure that the vehicles involved in the
above incidents are taken into custody and produced before the
Jurisdictional Magistrate Courts, for initiating prosecution. All
the vehicles shall be thoroughly checked by the Senior Officers
in the Motor Vehicles Department, in order to find out whether
the engine, suspension and the exhaust system had undergone
any alterations, modifications, in violation of the safety
standards. The Enforcement Officers shall also verify whether
those vehicles are fitted with strobe lights, flashlights, etc., in
violation of the safety standards in AIS-008. For using any
vehicle in public place, flouting the safety standards, etc.,
prosecution shall be initiated against the owner and driver of
the vehicle, invoking the provisions under sub-section (2) of
Section 190 of the Motor Vehicles Act. Detailed reports of the
concerned Enforcement Officers in respect of the aforesaid
incidents shall be placed on record before this Court, within a
period of one month.
25. The 4th respondent Transport Commissioner and the
5th respondent State Police Chief shall take necessary steps to
ensure that such incidents are not repeated in future.
List on 27.09.2024.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
SMF
13-09-2024 /True Copy/ Assistant Registrar
APPENDIX OF WP(C) 25158/2024
Exhibit R6(a) A TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE RTA,
MALAPPURAM UNDER SECTION 53(1) OF THE MOTOR VEHICLES
ACT, 1989 DATED 4-7-2024
Exhibit R6(b) A TRUE COPY OF THE NOTICE IN FORM NO.CFX ISSUED AS PER
RULE 107 OF THE KERALA MOTOR VEHICLES RULES DATED
4-7-2024
Exhibit R6(c) A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 24-7-2024
ISSUED BY THE RTA, MALAPPURAM
Exhibit R6(d) A TRUE COPY OF THE ORDER DATED 26-6-2024 PASSED BY THE
DIVISION BENCH OF THIS HON'BLE COURT IN SSCR NO.30/2023
Exhibit R6(e) A TRUE COPY OF THE REPLY DATED 29-07-2024 SUBMITTED TO
EXHIBIT R6(C) SHOW CAUSE NOTICE
Exhibit R6(f) A TRUE COPY OF THE JUDGMENT DATED 8-8-2024 PASSED BY
THE SINGLE BENCH OF THIS HON'BLE COURT IN
13-09-2024 /True Copy/ Assistant Registrar
