Madras High Court
B.Ramkumar Adityan vs The Principal Secretary on 15 July, 2021
W.P.No.14584 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.07.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.14584 of 2021
B.Ramkumar Adityan .. Petitioner
-vs-
1.The Principal Secretary,
Transport Department,
Government of Tamil Nadu,
Fort St.George, Chennai 104
2.The Transport Commissioner,
Transport Department,
Ezhilagam, Chepauk,
Chennai 600 005.
3.Director General of Police,
Tamil Nadu Police,
No.1, Dr.Radhakrishnan Salai,
Mylapore, Chennai 600 004. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus directing the respondents 2 and 3 to
impose Rs.500/- fine on riders of two wheelers riding without rear view
mirrors of both left and right side and Rs.1,500/- in case of repeating
offenders as per provisions of the Section 177 of the Motor Vehicles
(Amendment) Act, 2019 in order to strict enforcement of Rule 296 of
the Tamil Nadu Motor Vehicles Rules, 1989.
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W.P.No.14584 of 2021
For Petitioner : Mr.S.Sankar
For Respondents : Mr.P.Muthukumar
Counsel for State
*****
ORDER
(Made by SENTHILKUMAR RAMAMOORTHY, J.)
The petitioner complains of two wheeler riders removing the
rear/side view mirrors in their vehicles and using such vehicles without
such mirrors.
2. The petitioner states that rear view mirrors and side view
mirrors play a significant role in all types of vehicles including two
wheelers inasmuch as these mirrors provide a clear view of traffic and
thereby protect all road users. The petitioner relies upon statistics
with regard to the large number of accidents that are caused on
account of the negligence of two wheeler riders. He also relies upon a
judgment of a Division Bench of this court in W.P. (MD) No.20596 of
2017, dated 09.11.2017 (B.Ramkumar Adityan vs. The Principal
Secretary, Transport Department and others), whereby the Division
Bench directed the Transport Commissioner to consider the petitioner's
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W.P.No.14584 of 2021
representation and issue suitable instructions with regard to road
safety. According to the petitioner, in spite of the aforesaid order, two
wheeler riders are being permitted to ride their vehicles with impunity
after removing the side and rear view mirrors.
3. Mr.P.Muthukumar, learned counsel for the State, accepts
notice on behalf of the respondents and states that the Transport
Commissioner would take all necessary steps to ensure strict
compliance with the requirements of the Motor Vehicles Act, 1988 and
the rules framed thereunder.
4. It cannot be overemphasised that the stipulations in the Motor
Vehicles Act, 1988 and the rules framed thereunder are required to be
complied with strictly so as to ensure over all road safety. The
petitioner relies, in particular, on Rule 296 of the Tamil Nadu Motor
Vehicles Rules, 1989 which mandates that every non-transport vehicle
shall be fitted with a mirror, which is so placed that the driver can
have a clear view of the traffic approaching from the rear. It is
needless to say that the Transport Commissioner is obligated to ensure
that such rule is complied with.
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W.P.No.14584 of 2021
5. In this connection, it may be advisable to issue appropriate
instructions to the dealers of two wheelers so as to ensure that such
dealers sell these vehicles only after the same are duly fitted with side/
rear view mirrors. Such dealers may also be instructed to caution
customers that the Warranty may not remain in force in case
customers remove the mirrors after purchasing the vehicle. If
necessary, vehicle manufacturers and dealers may be directed to
incorporate a clause to such effect in the terms of Warranty.
6. It is hoped that the official respondents, in general, and the
Transport Corporation, in particular, ensure that the above
observations are taken into account and necessary instructions are
issued to those concerned on such basis.
W.P.No.14584 of 2021 is disposed of with the above
observations. There will be no order as to costs.
(S.B., CJ.) (S.K.R., J.)
15.07.2021
Index : no
sra
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W.P.No.14584 of 2021
To:
1.The Principal Secretary,
Transport Department,
Government of Tamil Nadu,
Fort St.George, Chennai 104
2.The Transport Commissioner,
Transport Department,
Ezhilagam, Chepauk,
Chennai 600 005.
3.The Director General of Police,
Tamil Nadu Police,
No.1, Dr.Radhakrishnan Salai,
Mylapore, Chennai 600 004.
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W.P.No.14584 of 2021
THE HON'BLE CHIEF JUSTICE
AND
SENTHILKUMAR RAMAMOORTHY, J.
(sra)
W.P.No.14584 of 2021
15.07.2021
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