Principal, Sabari PTB Smaraka H.S.S., Adakkaputhur, Ottappalam v. Additional Registering Authority, Ottapalam-679101 and Others

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN ``` ``` WEDNESDAY, THE 13[TH] DAY OF JULY 2022 / 22ND ASHADHA, 1944 ``` ## **`WP(C) NO. 23021 OF 2018`** ``` PETITIONER: ``` ``` THE PRINCIPAL, SABARI PTB SMARAKA H.S.S ADAKKAPUTHUR, OTTAPALAM. NDENTS:S: 1 THE ADDITIONAL REGISTERING AUTHORITY, OTTAPALAM-679101. 2 ADDL.R2. P.M.SHAJI, MOTOR VEHICLES INSPECTOR, SUB REGIONAL TRANSPORT OFFICE, SBI BUILDING, NEAR MUNCIPAL BUS STAND, OTTAPALAM, PIN 671 521. ADDITIONAL 2ND RESPONDENT SUO MOTU IMPLEADED AS PER ORDER DATED 05/09/2019. 3 ADDL R3, THE TRANSPORT COMMISSIONER, KERALAL, TRANSPORT COMMISSIONERATE, 2ND FLOOR, TRANS TOWERS, VAZHUTHACAUD, THYCAUD P.O, THIRUVANANTHAPURAM-695 014 IS SUO MOTU IMPLEADED AS PER ORDER DATED 28-10-2019 IN WP(C)23021/2018. THIRUVANANTHAPURAM ``` ## **`RESPONDENTS:S:`** ``` HAVING PERUSED THE FINAL ORDER DATED 28.10.2019 AND ORDERS DATED 09.04.2021 AND 08.04.2022 AND THE DIRECTIONS CONTAINED THREREIN FOR FILING ACTION TAKEN REPORT AND ALSO HAVING PERUSED THE SUBMISSIONSDS MADE BY THE LEARNED SPECIAL GOVERNEMNT PLEADER AND ALSO THE LEARNED ASGI, THE COURT ON 13.07.2022 PAASSED THE FOLLOWING: ``` W.P.(C)No.23021 of 2018 **2** **ANIL K.NARENDRAN, J. -----------------------------W.P.(C)No.23021 of 2018** **----------------------------------Dated this the 13[th] day of July, 2022** ## **O R D E R** The petitioner, who is the Principal of Sabari PTB Smaraka Higher Secondary School, Adakkaputhur, Ottappalam, filed this writ petition seeking a writ of mandamus commanding the 1[st] respondent Additional Registering Authority, Ottappalam, to endorse the class of vehicle bearing registration No.KL-09/L- 8719, covered by Ext. P5 certificate of registration, as Educational Institution Bus (Contract Carriage), without insisting compliance of Rule 125C of the Central Motor Vehicles Rules, 1989. 2. In the judgment dated 28.10.2019 - **Principal, Sabari PTB Smaraka H.S.S. v. Additional Registering Authority and others [2020 (2) KHC SN 9 : 2020 (2) KLJ** **662 : 2019 SCC OnLine Ker 7998]** this Court held that the petitioner's vehicle, which does not meet the safety standards - - for installation of lighting, light signalling devices and retro reflectors specified in Safety Standards No.15.1, followed by W.P.(C)No.23021 of 2018 **3** AIS-008/2001 and S.O.1365(E) dated 13.12.2004, cannot be permitted to be used in any public place, since use of such vehicles in any public place is likely to endanger the safety of other road users. Since the registration mark on the petitioner's vehicle is not displayed as per the statutory mandate of Rules 50 and 51 of the Central Motor Vehicles Rules and also Regulation 36 of the Motor Vehicles (Driving) Regulations, 2017; and the vehicle is not provided with an emergency exit, as specified in sub-rule (1) of Rule 291A of the Kerala Motor Vehicles Rules, for evacuation of the children, in case of emergency and that the said vehicle cannot be said to be a motor vehicle that complies with the provisions of the Motor Vehicles Act and the Rules made thereunder, for the purpose of granting certificate of fitness in Form 38, under Rule 62 of the Central Motor Vehicles Rules, by the inspecting authority or the authorised testing station. 3. On noticing that, despite the direction issued by this Court in **Ma'Din Public School v. Regional Transport Officer [2019 (2) KLT 1011 : 2019 SCC OnLine Ker 1040]** and **Saji v. Deputy Transport Commissioner [2019 (3) KHC 836 : 2019 SCC OnLine Ker 2047]** , motor vehicles which are likely W.P.(C)No.23021 of 2018 **4** to endanger the safety of other road users, are being permitted to be used in public place by the Registering Authorities in the State, this Court issued various directions to the Transport Commissioner, Kerala in Paras.126 to 131 of the judgment dated 28.10.2019 **[2020 (2) KHC SN 9]** , who was directed to file action taken report before this Court on or before 04.04.2020. 4. Despite the specific directions contained in the judgment of this Court dated 28.10.2019 **[2020 (2) KHC SN 9]** , large number of motor vehicles are being permitted to be used in public place, in violation of the safety standards prescribed in AIS-008/AIS-009/2001/ AIS-030/2001, which are likely to endanger the safety of other road users. The light emitted from the additional headlamps/lamps installed on the face cowl is capable of dazzling the drivers of the oncoming vehicles directly, and also the drivers of the vehicles proceeding in front, indirectly, through the rear-view mirrors and/or other reflecting surfaces of their vehicle. Large number of motor vehicles, especially motor cars are being permitted to be used in public place after replacing the prototype approved reflectors on the rear bumper with after-market LED brake lights/direction W.P.(C)No.23021 of 2018 **5** indicator lights. Flashing lamps are being permitted to be used - in lamps other than direction indicators and hazard warning signal, in violation of Para.5.9 of AIS-008. Large number of motor vehicles, especially stage carriages, contract carriages and goods vehicles are being permitted to be used in public place with red flashing stop lamps, flashing lamps inside headlight assembly, flashing lamps on the roof top of the cabin, etc. The light emitted from such lamps is capable of dazzling the drivers of the oncoming vehicles and also the pedestrians. Large number of motor vehicles, especially motor cars and motor cycles are being permitted to be used in public place after ‘tinting’ lighting, - light signalling devices (i.e., headlights, tail lights, indicators, daytime running light, etc.) or reflectors by fixing vinyl tint film sticker. Video contents of such alterations and also the use of such vehicles in public place are being uploaded on online video platforms like ‘YouTube’ by the registered owners of such vehicles or by the vloggers. 5. In the order dated 09.04.2021, this Court noticed that, despite the specific directions contained in the judgment of this Court dated 28.10.2019 **[2020 (2) KHC SN 9]** , motor W.P.(C)No.23021 of 2018 **6** vehicles other than those carrying the constitutional authorities and other dignitaries specified in Part I and Part II of Schedule II of the State Emblem of India (Regulation of Use) Rules, 2007 and dignitaries specified in clauses (1) to (7) of Paragraph 3.44 of the Flag Code of India, 2002 are being permitted to be used in public place displaying emblems and flags. In most of such vehicles the registration mark is not displayed in the form and manner specified under Rules 50 and 51 of the Central Motor Vehicles Rules, on a licence plate having the size of 500 × 120 mm. Letters, words and symbols other than the registration mark are inscribed or written on the registration plate of such vehicles, in violation of the provisions under sub-regulation (3) of Regulation 36 of the Motor Vehicles (Driving) Regulations, 2017. 6. By the order dated 06.04.2022, Registry was directed to issue a copy of that order to the learned Assistant Solicitor General of India (ASGI) and to show the name of the learned ASGI in the cause list. 7. In the order dated 06.04.2022 this Court noticed that, many vehicles are seen plying in the State, carrying the name W.P.(C)No.23021 of 2018 **7** board “Government of India”, “Government of Kerala”, “Kerala State” “Government Vehicle”, etc., to mislead the Police, the Enforcement Officers of the Motor Vehicles Department, etc., by giving an impression that the said vehicles are owned by a Government Department. Persons in such vehicles are pretending as if they are Government servants and they are misusing such name boards to escape from the checking of vehicle by the Police, Enforcement Officers of the Motor Vehicles Department, etc., and to avoid payment of toll at the toll booths. It is the duty of the Police and the Enforcement Officers of the Motor Vehicles Department to keep an eye on such vehicles, subject them to thorough checking, besides verifying the identity of persons in it, and initiate appropriate proceedings in accordance with law. Several vehicles with such name boards are pasted with cooling films on the safety glass or fitted with sliding cloth curtains. The enforcement agencies in the Motor Vehicles Department and the Police are not taking any action against the use of such vehicles on public place. As per sub-rule (1) of Rule 108 of the Central Motor Vehicles Rules, 1989 no motor vehicle shall show a red light to the front or light other than red to rear. W.P.(C)No.23021 of 2018 **8** Some of the vehicles are even fitted with ‘backlit name boards’ showing red light to the front, in violation of the provisions under sub-rule (1) of Rule 108 of the said Rules. 8. Vehicles owned by public sector undertakings and even autonomous bodies, statutory boards, etc. are exhibiting name board “Government of Kerala”, “Kerala State”, “Government Vehicle”, etc. Some of the vehicles, which are carrying the name board “Government of Kerala”, are even fitted with multi-coloured red, blue and white lights intended for vehicles designated for emergency and disaster management duties. Even the high security registration plates are tampered with in certain vehicles carrying the name board “Government of Kerala”, “Kerala State”, “Government Vehicle”, etc. 9. Section 171 of the Indian Penal Code, 1860 reads thus; “171. Wearing grab or carrying token used by public servant with fraudulent intent.- Whoever, not belonging to a certain class of public servants, wears any garb or carries any token resembling any garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with imprisonment of either description, W.P.(C)No.23021 of 2018 **9** for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both.” 10. On 08.04.2022, the learned ASGI submitted that the display of State Emblem of India or any part thereof is permitted only on vehicles of constitutional authorities and other dignitaries specified in Parts I and II of Schedule II of the State Emblem of India (Regulation of Use) Rules, 2007 and that, the privilege of flying the National Flag on motor cars is limited to the dignitaries specified in clauses (1) to (7) of paragraph 3.44 of the Flag Code of India. The vehicles carrying senior officers of the Armed Forces are permitted to fly official distinguishing flags and display star plates to denote their presence, under the relevant regulations made by the Central Government. The learned ASGI further submitted that the Secretary (Road, Transport and Highways), Ministry of Road Transport and Highways shall issue necessary directions to prevent unauthorised use of name board, emblem, flag, sliding cloth curtains, etc. on motor vehicles owned or used by the Central Government Departments, through the concerned Ministries. The learned ASGI sought time to get instructions from the Secretary (Road, Transport and Highways). Registry was directed to communicate a copy of the order dated 08.04.2022 W.P.(C)No.23021 of 2018 **10** to the State Police Chief and also to the Secretary to Government, Home Department, who were directed to ensure strict compliance of the directions contained in the circulars dated 14.12.2020 and 30.12.2020. 10. Today, when the matter is taken up for consideration, the learned ASGI seeks adjournment. 11. The learned ASGI to file an Action Taken Report on behalf of the Secretary (Road Transport and Highways), Ministry of Road Transport and Highways. List on 27.07.2022 for further consideration. Sd/- **ANIL K. NARENDRAN JUDGE** yd