Suo Motu vs Union Of India Represented By The ... on 18 July, 2024

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Kerala High Court

Suo Motu vs Union Of India Represented By The ... on 18 July, 2024

This writ petition is registered suo motu based on the order of this Court dated 09.07.2024 in SSCR No.30 of 2023, regarding the use of contract carriages and stage carriages on public places openly flouting the safety standards prescribed in AIS-008 and even AIS-052 - Code of Practice for Bus Body Design and Approval - posing threat to the safety of other road users; the use of motor vehicles fitted with exhaust system emitting fumes and loud sound, wide tyres protruding out of wheel arches/mudguards, etc., posing a potential threat to the safety of its passengers and other road users; recording of videos inside the driver cabin of contract carriages and other vehicles, while the vehicle is moving, thereby disturbing the concentration of the driver while driving; uploading videos by the vloggers on 'YouTube' and other online platforms promoting such unauthorised alterations and use of such vehicles on public places, etc.

2. On 09.07.2024, when SSCR No.30 of 2023 came up 2 W.P.(C)No.25158 of 2024 for consideration, this Court viewed in open Court a video regarding the use of a Jeep, which had undergone extensive modifications, in public road, in Wayanad, even without exhibiting the registration mark. The said vehicle, which was emitting thick smoke, was fitted with wide tyres protruding out of the mudguards. Two screenshots taken from that video clipping, which were reproduced in paragraph 25 of the order dated 09.07.2024 are extracted hereunder;

3. On 12.07.2024, when this writ petition came up for consideration, this Court directed the 4th respondent Transport Commissioner to obtain a report from the concerned Enforcement Officer, after conducting a proper testing, as to whether the said jeep meets the standards prescribed in relation to air pollution, since as evident from the screenshot reproduced in paragraph 25 of that order that vehicle was emitting thick 3 W.P.(C)No.25158 of 2024 smoke.

4. In the order dated 12.07.2024, after referring to the report of the concerned Enforcement Officer, this Court noticed that after the commission of offence, an attempt has been made by the driver and the person in possession of that jeep to remove the unauthorised fittings on that jeep, like wide tyres protruding out of the mudguards and other fittings. By that order, this Court directed the 4th respondent Transport Commissioner, through the Enforcement Officers in the Motor Vehicles Department and the 5th respondent State Police Chief, through the District Police Chief of the respective districts to take necessary steps to ensure that such motor vehicles which violate the standards prescribed in relation to road safety, control of noise and air pollution, which are posing a serious threat to the safety of its passengers and other road users, are not used on public place and that stern action shall be taken against such vehicles.

5. The learned Special Government Pleader seeks some more time to place on record the report of the concerned Enforcement Officer, after conducting a proper testing, as to whether the aforesaid jeep meets the standards prescribed in 4 W.P.(C)No.25158 of 2024 relation to air pollution.

6. Since the said vehicle had undergone extensive modification, by changing the engine, gearbox, brake system, suspension, etc., as discernible from the report of the concerned Enforcement Officer, which was made available for the perusal of this Court on 12.07.2024, the Station House Officer, Panamaram Police Station shall produce that vehicle, which is presently kept in the Police Camp, Puthurvayal, under the custody of the Regional Transport Officer (Enforcement), Wayanad, before the jurisdictional Magistrate Court, for further proceedings.

7. By a separate order of this date (18.07.2024) in SSCR No.30 of 2023 Registry is directed to incorporate the memos dated 04.06.2024, 09.05.2024, 03.06.2024, 13.06.2024 and 25.06.2024 and 10.07.2024 filed by the learned Government Pleader in SSCR No.30 of 2023, in the judges' papers of this writ petition, after keeping a copy of that memos in the judges' papers of SSCR No.30 of 2023, after serving a copy of the same to the learned Central Government Counsel.

8. The report of the concerned Enforcement Officer of the Motor Vehicles Department, in respect of the motor accident which occurred on 08.07.2024 at Madappally in Kozhikode 5 W.P.(C)No.25158 of 2024 District, referred to in paragraph 25 of the order of this Court dated 09.07.2024 in SSCR No.30 of 2023, shall also be placed on record in this writ petition.

             List    this    matter            on     23.07.2024,    along    with

       W.P.(C)No.25129 of 2024.

                                                              Sd/-

                                                    ANIL K. NARENDRAN, JUDGE


                                                         Sd/-
                                           HARISANKAR V. MENON, JUDGE

       AV/18/7




18-07-2024                       /True Copy/                            Assistant Registrar

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