Pavithralal B.R. v. Union of India and Others

W.P.(C) No. 30499/2022 : 1 : IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR & THE HONOURABLE MR. JUSTICE SHAJI P.CHALY MONDAY, THE 26[TH] DAY OF SEPTEMBER 2022 / 4TH ASWINA, 1944 ## WP(C) NO. 30499 OF 2022 ## PETITIONER/S: PAVITHRALAL B.R., AGED 50 YEARS S/O BABU N. RETNALAYAM, T.C. X/ 900, MANNANTHALA P. O., THIRUVANANTHAPURAM- 15. BY ADVS. PRAVEEN K. JOY T.A.JOY E.S.SANEEJ M.P.UNNIKRISHNAN M.K.SAMYUKTHA N.ABHILASH BEENA JOSEPH DEEPU RAJAGOPAL SANDRA S.KUMAR ## RESPONDENT/S: 1 UNION OF INDIA, REP BY HOME SECRETARY, DEPARTMENT OF HOME AFFAIRS, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI, DELHI (NCT)110 001. - 2 HOME SECRETARY, DEPARTMENT OF HOME IN MINISTRY OF HOME AFFAIRS, NORTH BLOCK, CENTRAL SECRETARIAT, NEW DELHI, DELHI (NCT)-110 001. - 3 STATE OF KERALA, REP BY CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM-695 001. - 4 THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, TRIVANDRUM-695 001. - 5 PRINCIPAL SECRETARY, DEPARTMENT OF TRANSPORT, MAIN BLOCK, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, KERALA- 695 001. - 6 THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, 2ND FLOOR, TRANS TOWERS, THYCAUD P. O., VAZHUTHAKAD, THIRUVANANTHAPURAM-695 014. W.P.(C) No. 30499/2022 : 2 : - 7 THE STATE POLICE CHIEF, POLICE HEAD QUARTERS, VAZHUTHAKAD, SASTHAMANGALAM, P. O., THIRUVANANTHAPURAM-695 010. BY ADV MANU S., DSG OF INDIA SRI. JAISHANKER V NAIR - CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 30499/2022 : 3 : ## **S. MANIKUMAR, CJ & SHAJI P. CHALY, J.** --------------------------------------------------------W.P.(C) No. 30499 of 2022 --------------------------------------------------------Dated this the 26[th] day of September, 2022. ## **JUDGMENT** ## SHAJI P. CHALY,J. This Public Interest Litigation is filed by an Advocate seeking to quash Exhibit P1 order dated 05.06.1987 issued by the Ministry of Home Affairs, Government of India, New Delhi, in regard to the display of star plates and use of flags on the cars of Senior police officers and Exhibit P2 circular dated 20.10.1997 issued by the Principal Secretary, Transport (B) Department, Government of Kerala, Trivandrum, to the Director General of Police, Kerala; and to issue a direction to respondents 3 to 7 i.e., the State of Kerala, Secretary, Department of Home Affairs, Principal Secretary, Department of Transport, Transport Commissioner, Thiruvananthapuram, and the State Police Chief, Thiruvananthapuram, to report before this Court regarding the issuance of any other subsequent orders like Exhibits P1 and P2, and any other circulars issued similar to the above in violation of and not in conformity with Rule 92A of the Kerala Motor Vehicles Rules, 1989, and Sections 44(1) and (2) of the Kerala Police Act, 2011 ('Act, 2011' for short) and to set aside the same. W.P.(C) No. 30499/2022 : 4 : 2. A further direction to respondents 3 to 6 was also sought for to ensure that the name boards are fixed in the official vehicles of the police by the provisions under Rule 92(A)(vi) of the Kerala Motor Vehicles Rules, 1989; and also to declare that the exhibition of such stars and symbols to show the authority and power is having the same effect of VIP culture, which the Central Government scrapes in respect and compliance to the directions in the decision of the Hon’ble Apex Court in _**Abhay Singh v. State of Uttar Pradesh**_ [(2013) 15 SCC 435) 3. According to the petitioner, this writ petition is filed in order to bring to the notice of this Court the invocation of excess authority by the police officials in exhibiting symbols like ‘stars’ at the name board of the official vehicles, which do not have any legal sanction at all. 4. That apart, it is submitted that even though this Court had passed several orders and judgments with regard to the affixture and exhibition of number plates, name boards, etc. in motor vehicles considering the various provisions under the Motor Vehicles Act, the present issue has never been addressed. 5. It is also submitted that the preamble of the Constitution of India has solemnly resolved to constitute India into a sovereign, socialist, secular, democratic republic, and further that the W.P.(C) No. 30499/2022 : 5 : preamble also ensures to secure to all citizens justice, liberty, and equality and, therefore, being the largest democratic country in the world, there cannot be any distinction by and between any class of the society. 6. It is further submitted that a reference to Rule 108 of the Central Motor Vehicles Rules, 1989 and the Rules 92A of the Kerala Motor Vehicles Rules, 1989, would make it clear that no motor vehicle shall show a red light to the front or light other than red to rear, and no motor vehicle other than those specified under the Rules in the manner described against each each such vehicle shall exhibit any boards showing the name of the Government or the Government Department or the designation of the officer using it without the permission of the Government. The petitioner has also extracted the provisions of Rule 92A of the State Rules, 1989 to show that all the vehicles described thereunder has to adhere to the restrictions contained under Rule 92A of the Kerala Motor Vehicles Rules, 1989. 7. That apart, it is submitted that Rule 36 of the Motor Vehicles (Driving) Regulations, 2017 (‘Regulations, 2017’ for short) deals with 'registration plates' and sub-Rule (1) thereto makes it clear that no vehicle shall be driven or parked on a public road without displaying registration plates as prescribed by the Act and W.P.(C) No. 30499/2022 : 6 : the rules made thereunder. Sub-rule (3) of Rules 36 is also pressed into service, which specifies that no letter, word, figure, picture, or symbol other than the registration number shall be displayed or inscribed, or written on the registration plates. 8. The petitioner has also relied upon Section 44 of the Act, 2011. Sub-Section (1) thereto specifies that the State Police Chief may, with the prior approval of the Government, specify the colour, markings, equipments and accessories to be fitted to every police duty vehicle, keeping in view the need that such vehicles. shall be distinctive, exclusive and easily identifiable. Other contentions are also raised relying upon the said provision, and the grounds are raised relying upon the judgments of the Apex Court in _**Abhay Singh**_ (supra). 9. It seems, the petitioner has submitted Exhibits P7, P8, P9 and P10 representations before the Home Secretary, Department of Home in Ministry of Home Affairs, New Delhi, Principal Secretary, Transport, Government Secretariat, Thiruvananthapuram, Transport Commissioner, Thiruvananthapuram and the State Police Chief, Thiruvananthapuram respectively pointing out the above aspects. However, according to the petitioner, no proper action was initiated to remove the anomalies, which persuaded him to approach this Court by filing the writ petition. W.P.(C) No. 30499/2022 : 7 : 10. We have heard the learned counsel for the petitioner Sri. Praveen K. Joy, learned Central Government Counsel Sri. Jai Shanker V. Nair and the learned Senior Government Pleader Sri. Tek Chand for the State and its officials, and perused the pleadings and materials on record. 11. Our first endeavour is to identify as to whether there is any public interest involved in the matter at all in order to grant the reliefs as are sought by the petitioner. 12. Rule 92A of the Kerala Motor Vehicles Rules, 1989 deals with ‘prohibition of exhibiting name boards in motor vehicles’ and clause (vi) deals with the vehicles used by the Heads to Central Government, the State Government Departments, Local Self Government Institutions, the Constitutional Authorities and the Statutory Boards etc., and it specifies that they shall exhibit a board each in front and rear bearing the designation of such an officer other than the board showing registration mark of the vehicle. 13. It is also prescribed thereunder that the background of the board shall be in red colour and the letters shall be in white colour and the size of the name plate shall be 25x10 cms and the letters shall have a height of 40 millimeter and having a thickness of 8 millimeter, with a further rider that if such an officer is not travelling in the vehicle, the board shall be removed or suitably W.P.(C) No. 30499/2022 : 8 : covered. 14. Insofar as the vehicles of the police are concerned, it is specifically taken care of under Section 44 of the Act, 2011, which clearly specifies that the State Police Chief may, with the prior approval of the Government, may specify the colour, markings, equipments and accessories to be fitted to every police duty vehicle, keeping in view the need that such vehicles shall be distinctive, exclusive, and easily identifiable. 15. It is clear from sub-Section (2) of Section 44 of Act, 2011 that all police duty vehicles with such specified appearance shall respond to any emergency call for help from any person and be used for giving police assistance reasonable and appropriate to the occasion, unless it is engaged in some other emergent or essential duty at that time. 16. That apart, as per Rule 92A(vii) of the Kerala Motor Vehicles Rules, 1989, it is clear that the vehicle used by the Central and the State Government Departments shall mandatorily exhibit a board each in front and rear bearing the designation of a such officer other than the board showing the registration mark of the vehicle. Therefore, it can be seen that the display of the designation of the officer at the board is protected under the said clause of Rule 92A of Kerala Motor Vehicles Rules, 1989. W.P.(C) No. 30499/2022 : 9 : 17. Here, as per Exhibit P1 order dated 05.06.1987 issued by the Central Government, high ranking police officers, such as the Director General of Police, the Inspectors General of Police and Deputy Inspectors General, are permitted to use star plates and car flags. The said order reads thus: “Copy of the letter No, VI-25013/9/83-GPA I dt.05-06-87 from the Director, Ministry of Home Affairs, Govt. of India, New Delhi to the Home Secretary, all State Govts.. and Union Territories. Sub: Display of Star plates and use of nags on the cars of Senior Police Officers. The Ministry has been writing to the State Governments/UTs from time to time regarding the issue of car flags and the star plates on the cars of the senior police officers. Consequent upon the creation of ports of Director General of Police in various States and Central Police Organisations, necessary specifications of the star plates and car flags to be used for the cars of the Director General of Police have been finalized by this Ministry. "The necessary (details in respect of the stars, star plates and flags to be used on the cars of Senior Police Officers are detailed below: ## Star Plates: 1. Director General of Police will use 3 stars Inspectors General of Police will use 2 stars and Dy. Inspectors General of Police will use 1 Star. 2. The star plate will be painted in DUCO REVIERA BLUE COLOUR. 3. The size of the star will be 6.5 cm and it will be of cast metal chromium. 4. The star/stars will be of the 'Star of India' (Five pointed) pattern 5. The stars shall be equi-distant from each other in one straight line. W.P.(C) No. 30499/2022 : 10 : 6. The size of the star plate will be 45.5, cms x 11.5 cms and it will be of 14 gauge metal sheet. Location of the stars on the star plate is shown in Ann.11, one point of each star will face upward. ## **Car Flags: (1) For Directors General of Police.** 1. The flag flown by the Directors General of Police, will be rectangular, 15 cm in the hoist and 22.5 cm in the fly. 2. The flags should be made of dark blue bunting cloth. 3. The device for the flags of the Director General of Police should be so made as to be contained just within a circle described width 4 cm as radius with the centre at a point 7.25 cm, from the pole of the flag and equi-distrant from the upper and lower edges as shown in the sketch. 4. The device should be worked in thick wlhite silk cord. 5. The laurel wreath should be of the same design as the wreath on the cap badge. 6. The Directors General of Police, in the state and elsewhere might use the word 'P’ inside the laurel wreath while the Directors General in the Central Police Organizations like the BSF, CRPF, CISF and ITRP etc. might use the insignia of the respective forces. (II) For Inspector General of Police (early circulated by MHA vide Lr. No. 86/52 dt. 03.01.1953.) 1. The flag flown by the Inspector General of Police, will be SwallowTail flag, 15 cm in the hoist and 12.5 an in the iy. The out of the Swallow Tail will be 7.5 cm deep. 2. The flags should be made of dark blue bunting cloth. 3. The device for the flags of the Inspector General of Police should be so made as to be contained just within a Circle described width 4 cm as radius with the centre at a point 3.5 cm, trom the pole of the flag and equi-distrant from the upper and lower edges 25 shown in the sketch. 4. The device should be worked in thick white silk cord. W.P.(C) No. 30499/2022 : 11 : 5. The laurel wreath should be of the same design as the wreath on the cap badge. 6. The Inspector General of Police, in the State and elsewhere might use the word 'P’ inside the laurel wreath while the Inspector General of Police in the Central Police Organizations like the BSF, CRPF, CISF and ITBP etc. might use the insignia of the respective forces. (III) These instructions will also apply to the Additional Inspector General and Special Inspector General. (III) For Deputy Inspector of Police (early circulated by MHA vide vide their Ltd. .No.8035/70/GPA I dt. 16/06/70) 1. The flag flown by the Dy. Inspector General of Police, will be Pennant triangular and pointed with the hoist (15 cm length as the base of the isosceles triangle with a length of 22.5 cm in the fly from which point angle meeting with the sign of the hoist should be determined. 2. The flags should be made of dark blue bunting doth. 3. The device for the flags of the Dy inspector General of Police should be so made as to be contained just within a circle described width 4 cm as radius. 4. The laurel wreath should be of the same design as the wreath on the cap badge. 5. The Dy Inspector General of Police, in the State and elsewhere might use the word ‘P’ inside the laurel wreath while the Dy Inspector General of Police in the Central Police Organizations like the BSF, CRPE, CISF and ITBP etc. might use the insignia of the respective force. These instructions will also apply to the Dy. Inspector General level I and II and additional Deputy Inspectors General. sd/- Sanat Kaul, **Director.”** W.P.(C) No. 30499/2022 : 12 : 18. Therefore, when Exhibit P1 order dated 05.06.1987 issued by the Central Government read with Rule 92A (vii) of the Kerala Motor Vehicles Rules, 1989, it is clear that exhibiting designation of such officer while using the Department vehicle is permitted under the provisions of law. Moreover, Section 44 of the Act, 2011 makes it clear that with the prior approval of the Government, the State Police Chief may specify the colour, markings, equipments and accessories to be fitted to every police duty vehicle, keeping in view the need of such vehicles. 19. The term ‘markings’ contained thereunder is not defined under the Act, 2011. However, the term ‘mark’ is defined under the Black’s Law Dictionary, Ninth Edition, to mean that ‘a symbol, impression or feature on something to identify it or distinguish it from something else’. Therefore, it can be seen that the star used by the superior police officers in their vehicles is in terms of Section 44 of the Act, 2011. 20. So also, the Principal Secretary, Transport (B) Department, Government of Kerala, has issued Exhibit P2 communication dated 20.10.1997 exempting the Department vehicles owned by the police department from complying with the instructions contained in the Government circulars bearing Nos. 5280/H2/94/PW&T and 34894/H2/94/PW & T dated 25.02.1994 and W.P.(C) No. 30499/2022 : 13 : ## 07.10.1994, respectively. The said order reads thus: “Copy of Govt. Letter No. 38264/B2/95/TRANS dated 20.10.1997 from the Principal Secretary, Transport (B) Department, Govt. of Kerala, TVM to the Director General of Police, Kerala, TVM. Sub: Motor Vehicles - Exhibition of Name Boards in Motor Vehicle and by Police Department-exemption-request-Regarding. Ref: 1. Your Letter No.R4-68766/94 dated 10.10.1995 2. Govt. circular No.5280/H2/94/PW & T dated 25.02.1994 3. Govt. Circular No. 34894/H2/94/PW & T dated 07.10.1994 I am to invite your attention to the reference cited and to inform that the departmental vehicles owned by the Police Department are exempted from complying with the instructions contained in the Government Circulars 2nd and 3rd cited. The present practice adopted by the Police Department in displaying under mentioned uniform type (POLICE) boards in police vehicles is accepted. (I) Size of Board - 45.5 cm x 11.5 cm (II) Colour Board - White (III) Prescription - Police (Capital letters to be used) (IV) Size of letters - (a) Height - 7.5 cm (V) Colour of letters - Red. sd/Principal Secretary” 21. Moreover, the State Government has issued Exhibit P3 notification dated 19.03.2014 in supresession of the earlier notification dated 14.11.2012 by virtue of the power conferred under Rule 108 of the Central Motor Vehicles Rules, 1989 with W.P.(C) No. 30499/2022 : 14 : respect to the use of the red light with flashes on the top front of the vehicle for the dignitaries mentioned under Schedule I, and red light without flashes for the persons enumerated under Schedule II. 22. The Ministry of Road Transport and Highways has also issued a notification dated 01.05.2017 produced as Exhibit P4 bearing S.O.1374(E) in exercise of the powers under sub-Rule (4) of Rule 108 of the Central Motor Vehicles Rules, 1989 specifying that the vehicles on office duty which are designated for the emergency matters and disaster management duties prescribed thereunder are allowed to use multi coloured red, blue and white light on its top namely (a) it relates to control of fire; (b) the duties by police, defence force or para military force for maintaining of law and order; (c) the duties relating to the management of natural disasters, including earthquake, flood, landslide, cyclone, tsunami and man-made disasters, including nuclear disaster, chemical disaster, and biological disasters, with other riders and conditions. 23. The State Police Chief has issued Exhibit P5 circular bearing No.15/2017 dated 28.06.2017 as to the manner in which the Beacon lights on the police vehicles are to be used. The said circular is extracted hereunder: W.P.(C) No. 30499/2022 “Dated. 28-06-2017 : 15 : ## **Circular No.15/2017** Sub: Use of Beacon Light on Police Vehicles - reg. Ref Notification No: G.S.R 423(E) Dtd: 01/05/2017 of the Ministry of Road Transport & Highways, New Delhi The use of Beacon Lights on Vehicles was governed by the provisions of Rule 108 of the Central Motor Vehicles Rules 1989. Govt. of India has comprehensively amended the above rule. The amended Sub-Rule 4 of Rule 108 of the Central Motor Vehicles Rules 1989 states: "1.The vehicles on Office duty which are designated to the following emergency and Disaster Management duties may be allowed to use MultiColoured red, blue and white light on its top, namely: a) The duties relating to control of fire. b) The Duties by Police for Maintenance of Law and Order. c) The duties relating to Management of Natural Disaster including Earth quake, Flood, Landslide, Cyclone, Tsunami and manmade disasters including Nuclear Chemical Disaster and Biological Disasters. 2. The Multi- Coloured light shall not be put to use when the vehicle is not on the designated duty." The notification further prescribed that the Transport Department of the State should list out the authorities to whom the permission to use vehicles specified in clause (a) and (b) above have been given and issue stickers to be displayed by such vehicles on their windscreens and also inform the general public about the list of authorities who have such permission to use beacon lights. W.P.(C) No. 30499/2022 : 16 : From the amended rules, it is clear that Beacon lights are permitted for Police vehicles only when they are deployed for maintaining of Law and order, Management of disaster and other similar emergency purposes. It is also to be borne in mind that Police vehicles are authorized to use only Multi-Coloured Beacon light when deployed for the above purpose. It has been stated that the vehicles that are eligible for using Beacon Light should bear the certificate which is issued by the Motor Vehicle Department on the windscreen. The Transport commissioner has already been addressed in this regard. The allotment of Certificate/Sticker from the Transport Commissioner does not confer the right to use Beacon Light; it is only an enabling provision. Beacon lights will be used only when the vehicles as deployed purpose cited above. All Unit Heads are instructed to ensure compliance and bestow their personal attention in this regard. ## Dr. T.P Senkumar IPS., **State Police Chief”** 24. Therefore, in our considered opinion, analysing the laws discussed above along with the notification/orders/circulars issued by the Central Government/State Government/State Police Chief, we are of the undoubted opinion that the circulars/orders in respect of exhibiting ‘stars’ etc. are matters within the provisions of law. 25. One of the predominant contention highlighted by the petitioner in the writ petition is that by using such boards accompanied with such stars, such designated vehicles are entitled to have a march over the other vehicles on road and therefore, it is in violation of the principles of law laid down by the Apex Court in W.P.(C) No. 30499/2022 : 17 : _**Abhay Singh**_ (supra). It is true, it is observed thereunder that the red light symbolise power and a stark differentition between those who are allowed to use it and ones who are not and a large number of those using vehicles with red lights have no respect for the laws of the country and they treat the ordinary citizens with contempt. 26. It was on the basis of the principles of law that the Central Motor Vehicles Rules were amended suitably. But, fact remains, Rule 27 of the Regulations, 2017 deals with the vehicles designated for emergency duties, and those vehicles enumerated thereunder alone is vested with the privilege of the aspects mentioned thereunder, which reads thus: “27. Vehicles designated for emergency duties. - (1) The driver of a vehicle designated by the State Government for emergency services under sub-rule (4) of rule 108 of the Central Motor Vehicles Rules, 1989 including a vehicle used as ambulance or for fire-fighting or for salvage purposes or a police vehicle, shall operate the multi-toned horn (siren) and the multi-coloured light with flasher only when the vehicle is responding to an emergency call or an alarm. (2) An emergency vehicle, while its multi-toned horn and the flasher is on, shall have the right of way over all the other vehicles. (3) In a case of utmost emergency like saving a human life, warding off serious damage to health of a person, prevent commission of a crime or damage to essential services or fight a W.P.(C) No. 30499/2022 : 18 : fire, the driver of the emergency vehicle with the multi-toned horn and the multi-coloured flasher operating may, with utmost care, responsibility and caution- i. cross a red traffic light; ii. exceed the specified speed limit; iii. drive on a highway hard shoulder; and iv. drive in either direction on a “NO ENTRY” or a “One Way” street. (4) The priority within the emergency vehicles as referred in subregulation (1) shall be as follows- v. first, a fire service vehicle; vi. second, an ambulance; vii. third, a police service vehicle; and viii. fourth, any other vehicle designated by the State Government as an emergency management vehicle such as for maintenance of essential public services like water and power supply or public transport. (5) When an emergency vehicle, with its multi-toned horn and light flasher on, is overtaking, approaching or entering the path of any other vehicle, the person driving or riding such other vehicle shall, unless otherwise directed by a police officer(a) yield the right of way to the emergency vehicle, by driving to the left as close as practicable to the kerb or edge of the roadway in the shortest possible time; (b) stop, if required, and remain stationary in that position until the emergency vehicle has passed. (6) The driver shall, unless otherwise directed by the crew of the emergency vehicle, maintain a distance of at least fifty meters W.P.(C) No. 30499/2022 : 19 : from the emergency vehicle on which multi-toned hornor flasher lights or both are operating. (7) A road maintenance or public utility maintenance vehicle may be parked on the roadway, if necessary, after switching on the hazard warning lights and placing a warning device with necessary information at least fifty meters behind the parked vehicle, and take all other precautions to ensure safety of other road users.” 27. On a reading of the Regulations, 2017, it is quite clear and evident that only the vehicles designated for emergency duties with appropriate equipments are vested with the privilege prescribed thereunder. Therefore, the contention advanced by the petitioner that by using the symbol by the high ranking police officials, they are entitled to get the privilege. 28. Therefore, the contention that the vehicles having symbol/markings on the board are entitled to get privilege over ordinary citizens, cannot be sustained under law. Moreover, it can be seen that as per the orders/circulars/notifications issued by the Central as well as the State Government and the State Police Chief, clear restrictions are imposed as to the manner in which the Beacon lights are to be used. 29. Whatever that be, the Apex Court in **Abhay Singh** (supra) has held that the men in uniform; operational agencies W.P.(C) No. 30499/2022 : 20 : which require unhindered access to the road for performance of their duty; those engaged in emergency duties such as ambulance services, fire services, emergency maintenance, etc. and and police vehicles used as escorts or pilots or for law and order duties shall not be entitled to have red lights but lights of other colours, for e.g. blue, white, multicoloured, etc. 30. In that view of the matter, it can also be seen that the Apex Court in _**Abhay Singh**_ (supra) has also taken into consideration the emergency duties that are to be discharged by the police as well as the such other emergency services of the Government Departments and has made certain exceptions to the general findings rendered in the judgment. 31. That apart, we are of the considered opinion that the symbols/markings are used by the high ranking police officers for their identification purpose by the other police officers and the officials on traffic duty and law and order duty. The public may not be affected by using the boards with symbols as permitted under the law by the superior police officers in contemplation of the Rules and the law discussed above. Therefore, the public interest raised by the petitioner in the writ petition does not have any force. It is also not in dispute that when the vehicles with boards and symbols are not permitted the privileges as is permitted under Regulation 27 W.P.(C) No. 30499/2022 : 21 : of the Regulations, 2017, the high ranking police officers may not have a march over ordinary citizens while using the vehicles on the road. 32. But, fact remains, when the police officers are engaged in a serious law and order duty, and to meet up with other emergency requirements, they may have to use the facilities of the roads to protect the interest of the public at large, in preference to the general public. 33. Therefore, we are of the undoubted opinion that there is no public interest involved in the writ petition so as to entertain the same and grant the relief as are sought for by the petitioner. Needless to say, writ petition fails and accordingly, it is dismissed. sd/- **S. MANIKUMAR, CHIEF JUSTICE.** sd/- **SHAJI P. CHALY, JUDGE.** Rv W.P.(C) No. 30499/2022 : 22 : ## **APPENDIX OF WP(C) 30499/2022** PETITIONER’S EXHIBITS: Exhibit P1 THE TRUE PHOTOCOPY OF THE GOVERNMENT LETTER DATED 05.06.1987 ISSUED BY THE DIRECTOR, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA WITH TYPED COPY. Exhibit P2 THE TRUE PHOTOCOPY OF THE GOVERNMENT LETTER DATED 20.10.1997 ISSUED BY THE 5TH RESPONDENT TO 7TH RESPONDENT WITH TYPED COPY. Exhibit P3 THE TRUE PHOTOCOPY OF THE NOTIFICATION ISSUED BY THE DEPARTMENT OF TRANSPORT, GOVERNMENT OF KERALA DATED 19.03.2014. Exhibit P4 THE TRUE PHOTOCOPY OF THE NOTIFICATION OF MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, GOVERNMENT OF INDIA DATED 01.05.2017. Exhibit P5 THE TRUE PHOTOCOPY OF THE CIRCULAR ISSUED BY THE 7TH RESPONDENT DATED 28.06.2017. Exhibit P6 THE TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE MINISTRY OF DEFENCE DATED 30.10.2018. Exhibit P7 THE TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 23.08.2022. Exhibit P8 THE TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BEFORE THE 5TH RESPONDENT DATED 23.08.2022. Exhibit P9 THE TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BEFORE THE 6TH RESPONDENT DATED 23.08.2022. Exhibit P10 THE TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BEFORE THE 7TH RESPONDENT DATED 23.08.2022. ## RESPONDENTS’ EXHIBITS: NIL True Copy rv PS to Judge.