Madras High Court
K.R.Ramasamy Alias Traffic Ramasamy vs Mr.Apoorva Varma on 14 September, 2018
Author: M.Venugopal
Bench: M.Venugopal, P.D.Audikesavalu
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE : 14.09.2018 CORAM THE HONOURABLE MR.JUSTICE M.VENUGOPAL AND THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU CONTEMPT PETITION. No.2447 of 2015 K.R.Ramasamy alias Traffic Ramasamy ...Petitioner Vs. 1.Mr.Apoorva Varma, I.A.S., Home Secretary, Govt. of Tamilnadu, Fort St. George, Chennai 600 009. 2.Mr.T.Prabhakar Rao, I.A.S., Ex. Spl. Commissioner & Present Secretary, Transport Department, Govt. of Tamilnadu, Fort St. George, Chennai 600 009. 3.Mr.Satyabrata Sahoo, I.A.S., Spl. Commissioner, Transport Department, Ezhilagam, Chepauk, Chennai 600 009. 4.Mr.George, I.P.S., Commissioner of Police, Greater Chennai City, Vepery, Chennai 600 007. 5.Mr.A.Chandran, Assistant Commissioner of Police, Traffic, North Beach, Wall Tax Road, Chennai 600 079. ...Respondents The Contempt Petition filed under Section 11 of the Contempt of Courts Act to punish the Respondents as per Section 11 of Contempt of Courts Act for willful disobedience of this Hon'ble Court order dated 25.01.2008 in W.P. No. 19524 of 2002. For Petitioner : K.R.Ramaswamy Alias Traffic Ramaswamy For Respondents : Mr.J.Pothiraj (Special Government Pleader) ORDER
M.VENUGOPAL, J.
and P.D.AUDIKESAVALU, J.
The Government of Tamil Nadu, Home (Transport-V) Department, taking note of rampant plying of motorised fish carts endangering public safety in the City of Chennai, had issued G.O. Ms. No. 1573 dated 18.11.1998, which reads as follows:-
The Government have decided in principle to bring all the Tri-cycles fitted with engine capacity of 25 cc and above under the provision of the Motor Vehicle Act. As a first step, they ordered enumeration of all the vehicles by assigning each vehicle a number. This is not a registration number assigned under Section 39 of the Motor Vehicle Act. The enumeration was closed on 10.11.1998. The vehicles which were not assigned the enumeration were stopped from plying. This was done with a view to check entry of new vehicles. Now, the Government are working out details for formally regularising these vehicles under the Motor Vehicle Act. This shall take some more time. Therefore, they thought that some interim guidelines regulating the plying of vehicles assigned enumeration number would be necessary in the interest of road safety.
2. The Transport Commissioner forwarded a set of draft regulations for adoption for all the enumerated Tri-cycles with 25 cc engines and above. He has suggested certain additional fittings to the vehicles and a few regulating measures. The Government have examined these guidelines. They have decided that the following interim regulatory measures shall be enforced in public interest and to prevent accidents resulting in loss of lives.
(1) The vehicle shall be driven by a person with valid driving licence (L.M.V. with Badge).
(2) Effective Drum brakes shall be provided on all wheels.
(3) Head-light, Danger-lights, Brake-lights, Rear-red, Reflectors, Rear-view Mirror and Electric Horn and Bulb-Horn shall be provided.
(4) Maximum permitted Load limitations:-
a) Height shall not exceed 100 cms from the lowest deck.
b) Rear projection of load shall not exceed 50 cms from the rear-most point of the vehicle.
c) No side projection of load shall be allowed.
(5) Maximum speed shall not exceed 20 Kms/hour.
(6) The Vehicle shall be subjected to Fitness Certificate once in six months. (7) The age of the vehicle shall be 3 years from the date of assigning the number. (8) The vehicles shall be permitted to ply within a radius of 20 kms from the place of assigning the number. (9) The vehicle shall be covered with valid Insurance certificate, if Insurance companies agree. (10) The Vehicle shall be covered with valid pollution under control certificate. (11) One person other than driver alone shall be allowed to travel in the vehicle.
3. Accordingly, the Government direct that the said direction shall come into force with effect from 16.12.1998. Consequently, only those vehicles satisfy the above norms alone shall be permitted to ply on the roads thereafter. These vehicles have to follow some standards for registration under the Motor Vehicle Act and pending registration, as a humanitarian measure, the Government have allowed the vehicles to ply with the above guidelines in public interest. The Transport Commissioner and the Commissioner of Police are requested to bring these regulatory measures to the notice of Tri-cycle owners and drives.
4. Orders regarding formal registration etc. under the Motor Vehicles Act will issue in due course.
2. Subsequently, the Petitioner viz., K.R.Ramasamy alias Traffic Ramasamy, filed the Writ Petition bearing W.P. No. 19524 of 2002 before this Court as Public Interest Litigation for direction to the Government of Tamil Nadu and its authorities, who were shown as First to Third Respondents therein, to ban the running of motorised fish cart vehicles in the City of Chennai.
3. This Court examined the aforesaid G.O. Ms. No. 1573 dated 18.11.1998, and the submissions made on behalf of the parties in that Writ Petition and by order dated 25.01.2008, held as follows:-
7. Though about nine and half years have passed, it appears that no step has been taken for registration of such vehicles under the Motor Vehicles Act or for insurance under the said Act in interest and to facilitate payment of insure amount in case of loss of lives. From the stand taken by the owners of Fish Cart i.e. Tri-cycles fitted with 25cc and above engines, it appears that they are also eager to register their vehicles under the Motor Vehicles Act and have agreed to insure their vehicles under the said Act as per law, so that the insured amount can be paid to this victims in case of accident.
8. In the circumstances, the case is remitted to the Respondents including the Secretary, Transport Department, Government of Tamil Nadu, Chennai and the Special Commissioner, Road Safety and Transport, Chepauk, Chennai. The Secretary, Transport Department, Chennai will take immediate steps for registration of the Fish Carts and for their insurance, if so required, under the Motor Vehicles Act. In case one or other individual owner of the Fish Carts fails to do so, he may be prevented from plying such vehicle on the road. As we find that already about nine and half years have passed since the decision was taken by the State Government to register those vehicles under the Motor Vehicles Act, we allow only three months' time to the State Government to ensure registration of such vehicles under the Motor Vehicles Act and for their insurance. The Special Commissioner, Road Safety and Transport, Chennai, will ensure that no such vehicle without registration is plying on roads after the stipulated period of three months from the date of receipt of the production of the copy of this order. The owner of the Fish Carts are allowed to approach the competent authority of the Transport Department for registration of their vehicles and for insurance, who after proper verification of vehicle will take appropriate step.
9. We may mention that this Court by its order dated 19.09.2002, followed by order dated 10.10.2002, has passed an order of interim injunction restraining the running of all Fish Carts propelled by a motor or any other machine for a certain period. In view of such interim order, it is informed that no such Fish Cart is plying on roads in the City of Chennai for the present. In case one or other fish cart vehicle is registered by the competent authority under the Motor Vehicles Act, the order of prohibition of plying will come to an end only in respect of such vehicle.
10. Writ Petition stands disposed of with the aforesaid observations and directions, but there shall be no order as to costs. Consequently, the connected Miscellaneous Petitions are closed.
11. Let a copy of this order be handed over to the learned Counsel for the State for information to the officers concerned.
4. The Petitioner has filed this Contempt Petition No. 2447 of 2015 contending that despite the aforesaid order passed by this Court, the police authorities have not taken initiatives to stop the illegal motorised fish cart vehicles from running in the roads in violation of the provisions of the Motor Vehicles Act, 1989, and the rules made thereunder. In support of that complaint, the Petitioner has produced a copy of his representation dated 30.08.2015 along with photographs of violating motorised fish cart vehicles taken.
5. The Official Respondents who have entered appearance before this Court after receiving notice in this Contempt Petition, have filed status reports enumerating the measures taken by the authorities in pursuance of the order dated 25.01.2008 in W.P. No. 19524 of 2002 stating, inter alia, as follows:-
(i) That effective and stringent action is taken against the illegal plying of motorised fish cart vehicles within the limits of City of Greater Chennai;
(ii) That 40 arterial roads have been identified in the limits of City of Greater Chennai in which plying of motorised fish cart vehicles has been banned;
(iii) If and when any violation is found, the traffic police are taking action by seizing the motorised fish cart vehicles fitted with engines of 25 cc and above;
(iv) That suitable instructions are given to police officers to monitor against illegal fitting of engines for motorised fish cart vehicles by the mechanics;
(v) That circulars have been issued to the mechanic shops not to indulge in fitting mechanized engines to the fish cart vehicles.
(vi) That spot fines are imposed in cases of violation;
(vii) That the motor engines seized from the fish cart vehicles are forwarded to the concerned Metropolitan Magistrate Courts.
That apart certain statistical details of the penal action taken against the violators have also been furnished.
6. Further, this Court during the hearing on 18.08.2017, at the request of the learned Special Government Pleader for the Official Respondents, granted time for placing suggestions of the Police Department to prevent the unauthorized plying of the motorised fish cart vehicles in the City of Greater Chennai and to create public awareness with regard to the same and suggest ways and means of providing an comprehensive mechanism for appraising the public at large of the further course of action in the matter. In pursuance thereof, the Additional Commissioner of Police, (Traffic), Chennai in his status report dated 28.08.2017, informed as follows:-
4. Even though, the jurisdictional officers are registering cases against the violators regularly, the plying of fish carts on the road could not be stopped completely and there are minor violations here and there. Hence the following suggestions/Measures are suggested to be taken by the Greater Chennai City Police are placed before this Hon'ble Court.
A team comprising 1 Assistant Commissioner, 1 Inspector, 2 Sub Inspectors and 4 Other Ranks will be formed in each traffic district to collect the data pertaining to the fish carts plying in the city and intimate them about the ban of fish carts as per law. The team also will book cases against the violators and take steps to bring awareness among the Pubic, in the fish market areas and in other market areas where the use of fish cart are in large numbers.
Continuing the awareness in the press, social media and in the FM Radio about the orders of the Hon'ble High Court and the position of law to deal. Awareness will also will be created by wide distribution of Pamphlets to stop the violation.
The field officers will liaise with the transport department and ensure the registration of the fish cart vehicles, insurance, driving licenses including all safety norms.
At present the fine imposed for isolation of fish cart is (1) for Non registration Rs. 2500/- (2) without licence Rs. 500/- and (3) without insurance Rs. 500/-. In view of the violations by the fish cart owners, the Government may be addressed to enhance the fine amount and suggest doubling of the fine amount. It is submitted that stern action will be taken against all the illegal plying of fish carts fitted with motor engine and root out the menace.
7. When it was brought to the notice of this Court that as the motorised fish cart vehicles are returned to the vehicle owners after seizure, there is no mechanism available to ensure that the vehicles are not illegally plied again on the roads, this Court required the Official Respondents to place their suggestions for the prevention of the same also. In response thereto, learned Special Government Pleader appearing for the Official Respondents has informed that the Government of Tamil Nadu, Home (Transport-V) Department has issued G.O. (Ms.). No. 1435 dated 11.09.2018, in which it has been stated as follows:-
4. The Government direct the police officers (not below the rank of Sub Inspector of Police) and Motor Vehicle Inspector, Grade I and Grade II of the Transport Department, shall seize the fish carts while plying on the road and hand it over to the nearest police station for dismantling the engine. The police officials shall crush and destroy the seized engines in such a way that it cannot be used at any form again and this process should be done in the presence of the Executive Magistrate. The crushed engine materials should be disposed in open auction and the amount collected if any should be remitted into the Government account.
8. It has also been placed on record that in pursuance of the order dated 16.08.2016 in W.P. No. 27453 of 2016 passed by the Hon'ble First Bench of this Court, the Commissioner of Police by circular dated 24.08.2016 had issued the following instructions to all the police officers in the Greater City of Chennai, it reads as follows:-
3. Hence all Deputy Commissioners of Police, Traffic in Chennai City are instructed to take necessary action against the fish cart vehicles fitted with motor without valid registration as per law and totally prevent plying of all the above said vehicle in the Greater Chennai City.
4. The instruction should be scrupulously followed by the all Police Personnel of Chennai City in future.
9. Recording the aforesaid action taken, we deem it appropriate to make the following observations:-
(i) It shall continue to be incumbent upon the concerned authorities including the Transport and Police Department of the State to ensure that the motorised fish cart vehicles do not ply on the roads in the City of Greater Chennai as well as other places in the State which endangers the public safety;
(ii) In this regard, it would be the duty of every police officer, whenever he receives any complaint of illegal use of fish cart vehicle from any member of the public, to enquire into the same and if the same is found to be true, its cognizance shall be taken and the violator prosecuted in accordance with law;
(iii) The motor engines fitted to the fish cart vehicle be seized and destroyed before the vehicle is released back to the owner;
(iv) If concerned police officer fails to perform his duty in this regard, the higher officials shall take necessary remedial action and if found necessary, also initiate disciplinary action against erring officials for dereliction of duty;
(v) It is expected that the system which has been devised to check and prevent the illegal use of fish cart vehicles endangering public safety is widely made known to the public, so that they would be in a position to approach the concerned authorities for redressal of their grievances without much hassles and the suggestions of the Additional Commissioner of Police, (Traffic), Chennai in his status report dated 28.08.2017 shall be fully implemented in that regard;
(vi) In order to ensure that the Police Department is effectively monitoring the prevention of unauthorized use of fish cart vehicles, the Official Respondents shall submit a report every year of action taken against the violators for that year before the Registrar (Judicial) of this Court on or before the 31st day of January of the following year.
10. In as much as this Court is subjectively satisfied that the Official Respondents have taken appropriate steps / measures in compliance of the order dated 25.01.2008 in W.P. No. 19524 of 2002, the irresistible and inescapable conclusion is that the Respondents have not committed any wilful disobedience of the order passed by this Court requiring initiation of action for 'Contempt Proceedings '.
11. Accordingly, the Contempt Petition is closed with aforesaid observations.
[M.V., J.] [P.D.A., J.] 14.09.2018 vjt Note: Issue order on 26.09.2018 Index: Yes/No Internet: Yes/No Speaking/Non-speaking order To
1.Mr.Apoorva Varma, I.A.S., Home Secretary, Govt. of Tamilnadu, Fort St. George, Chennai 600 009.
2.Mr.T.Prabhakar Rao, I.A.S., Ex. Spl. Commissioner & Present Secretary, Transport Department, Govt. of Tamilnadu, Fort St. George, Chennai 600 009.
3.Mr.Satyabrata Sahoo, I.A.S., Spl. Commissioner, Transport Department,' Ezhilagam, Chepauk, Chennai 600 009.
M.VENUGOPAL, J., and P.D.AUDIKESAVALU, J., vjt
4.Mr.George, I.P.S., Commissioner of Police, Greater Chennai City, Vepery, Chennai 600 007.
5.Mr.A.Chandran, Assistant Commissioner of Police, Traffic, North Beach, Wall Tax Road, Chennai 600 079.
6.The Registrar (Judicial) High Court, Madras.
[for favour of information and necessary follow up action] CONTEMPT PETITION No. 2447 of 2015 Dated:14.09.2018