Kerala High Court
Suo Motu vs Union Of India Represented By The ... on 14 March, 2025
Author: Anil K. Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
Friday, the 14th day of March 2025 / 23rd Phalguna, 1946
WP(C) NO. 25158 OF 2024(S)
SUO MOTU
RESPONDENTS:
1. UNION OF INDIA, REPRESENTED BY THE SECRETARY (ROAD,TRANSPORT AND
HIGHWAYS), MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, TRANSPORT
BHAWAN, GOKUL NAGAR, SANSAD MARG AREA, NEW DELHI ,PIN - 110001
2. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO
GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
KERALA,PIN - 695001
3. THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, KERALA , PIN - 695001
4. THE TRANSPORT COMMISSIONER OF KERALA, TRANSPORT COMMISSIONERATE,
2ND FLOOR, TRANS TOWER, C.V. RAMAN PILLAI ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM, KERALA,PIN - 695014
5. THE STATE POLICE CHIEF OF KERALA, STATE POLICE HEADQUATERS,
VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA, PIN - 695010
ADDITIONAL R6 IMPLEADED
6. NOUSHAD I, S/O.SULAIMAN, AGED 42 YEARS,
IRUMBADASSERI HOUSE,
VADASSERY, PANNIPPARA P.O., EDAVANNA, MALAPPURAM DISTRICT,
PIN - 676 541.
ADDL. R6 IS IMPLEADED AS PER ORDER DATED 13/09/2024 IN
IA.1/2024 IN WP(C) 25158/2024.
ADDITIONAL R7 IMPLEADED
7. THE KERALA STATE ROAD TRANSPORT CORPORATION,
REPRESENTED BY ITS MANAGING DIRECTOR,
TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM - 695 023.
ADDL. R7 IS SUO MOTU IMPLEADED AS PER ORDER DATED
22/01/2025 IN WP(C) 25158/2024.
P.T.O
ADDITIONAL R8 IMPLEADED
8. AJIN TOM ALEX, AGED 30 YEARS, S/O ALEX THOMAS,
15/304, PADINJATTINKARA ANUGRAHA, NELLIKUNNAM P.O,
KOLLAM DISTRICT - 691 520.
ADDL. R8 IS IMPLEADED AS PER ORDER DATED 05/02/2025
IN IA 1/2025 IN WP(C) 25158/2024.
This Suo Motu writ petition again coming on for orders upon perusing the
petition, this Court's order dated 11/03/2025 and upon hearing the arguments
of SRI. R.V.SREEJITH, CENTRAL GOVERNMENT COUNSEL for R1, SRI. S RAJMOHAN,
SENIOR GOVERMENT PLEADER for R2 & R5, SRI. P. SANTHOSH KUMAR, SPECIAL
GOVERNMENT PLEADER for R3 & R4, SRI. K.RAKESH, Advocate for Addl.R6, SRI.
DEEPU THANKAN, Standing Counsel along with M/S.UMMUL FIDA, LAKSHMI SREEDHAR,
LEKSHMI P. NAIR, VINEETHA BOSE, CINDIA S. & GAYATHRI G., Advocates for Addl.R7
and of M/S. KEVIN JAMES, SHABNAM SAIDALAVI, ATHUL M.V., DEAGO JOHN K & ASWIN
V. NAIR, Advocates for Addl.R8, the court passed the following:
P.T.O
ANIL K. NARENDRAN & MURALEE KRISHNA S., JJ.
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W.P.(C)Nos.25158 of 2024 and 25129 of 2024
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Dated this the 14th day of March, 2025
ORDER
Anil K. Narendran, J.
W.P.(C)Nos.25158 of 2024
The learned counsel for the additional 8th respondent has submitted a note regarding individual specifications as per the safety standards in AIS-008.
2. The learned Special Government Pleader seeks time to get instructions.
W.P.(C)No.25129 of 2024
3. This writ petition is registered suo motu based on the order of this Court dated 09.07.2024 in SSCR Nos.29, 30 and 36 of 2023, after obtaining the orders of the Hon'ble the Acting Chief Justice, in the matter of unauthorised display of name board, State Emblem and flashlights in motor vehicles, openly flouting the provisions contained in the State Emblem of India (Prohibition of Improper Use) Act, 2005, the State Emblem of India (Regulation of Use) Rules, 2007, Rule 92A of the Kerala Motor Vehicles Rules, 1989 and the provisions contained in Rule 108 of the Central Motor Vehicle Rules, 1989. This writ petition is ordered to be listed before 2 W.P.(C)Nos.25158 of 2024 and 25129 of 2024 this Bench by the order dated 13.12.2024 of the Hon'ble the Chief Justice, on the administrative side.
4. On 30.07.2024, when this writ petition came up for consideration this Court passed a detailed order, after referring to the provisions contained in the State Emblem of India (Prohibition of Improper Use) Act, 2005, the State Emblem of India (Regulation of Use) Rules, 2007, the Flag Code of India, 2002, the Naval Ceremonial, Conditions of Service and Miscellaneous Regulations, 1963 and also Rule 92A of the Kerala Motor Vehicles Rules. In the said order, this Court found that the display of flags, emblems, star plates, etc. are not legally permissible in any vehicles other than those carrying constitutional authorities and other dignitaries specified in Schedule II, Part I and Part II of the State Emblem of India (Regulation of Use) Rules, 2007, the dignitaries specified in clauses (1) to (7) of paragraph 3.44 of the Flag Code of India, 2002 and Senior Officers of Indian Army, Indian Air Force, Coast Guard, etc. as specified under the provisions of the Naval Ceremonial, Conditions of Service and Miscellaneous Regulations, 1963 and similar provisions made by the Central Government.
6. Taking note of the finding in the aforesaid order dated 3 W.P.(C)Nos.25158 of 2024 and 25129 of 2024 30.07.2024, this Court passed an order dated 12.12.2024 in DBP No.110 of 2024, which was one registered based on Report No.66 of 2024 of the learned Ombudsman for Travancore Devaswom Board and Cochin Devaswom Board in Complaint No.232 of 2018. In the said order in DBP No.110 of 2024, this Court held that the display of flags or emblems is not legally permissible in vehicles owned by Cochin Devaswom Board, since the display of flags and emblems are permitted only on vehicles carrying constitutional authorities and other dignitaries specified in Part I and II of Schedule II of the State Emblem of India (Regulation of Use) Rules, 2007/dignitaries specified in clauses 1 to 7 of paragraph 3.44 of the Flag Code of India, 2002. Similarly, flying of official distinguishing flags and display of star plates on cars are restricted to Senior Officers of Indian Army, Indian Airforce, Coast Guards, etc. as specified under the provisions of the Naval Ceremonial, Conditions of Service and Miscellaneous Regulations, 1963 and other similar provisions made by the Central Government and also on the cars of senior police officers in the State and the Central Police Organisations as per the regulatory measures issued by the Director, Ministry of Home Affairs, Government of India.
7. In paragraph 5 of the order dated 12.12.2024 in DBP 4 W.P.(C)Nos.25158 of 2024 and 25129 of 2024 No.110 of 2024, this Court extracted the photographs of the vehicles used by the President and Members of the Cochin Devaswom Board, which are fitted with backlit nameboards showing red light to the front and to rear and exhibiting emblem of the Cochin Devaswom Board. The said photographs are extracted hereunder;
5W.P.(C)Nos.25158 of 2024 and 25129 of 2024
8. The vehicles used by the President and members of the Cochin Devaswom Board are fitted with backlit nameboards showing red light to the front and to the rear. In view of the provisions contained in Rule 108 of the Central Motor Vehicle Rules, 1989, no motor vehicle shall show red light to the front. The said provision shall not apply in the case of blinker-type red light fitted on ambulances and other emergency vehicles.
9. In Avishek Goenka v. Union of India [(2012) 5 SCC 321] the Apex Court held that the Central Motor Vehicles Rules deal with every minute detail of construction and 6 W.P.(C)Nos.25158 of 2024 and 25129 of 2024 maintenance of a vehicle. In other words, the standards, sizes and specifications which the manufacturer of a vehicle is required to adhere to while manufacturing the vehicle are exhaustively dealt with under the Rules. What is permitted has been specifically provided for and what has not been specifically stated would obviously be deemed to have been excluded from these Rules. It would neither be permissible nor possible for the Court to read into these statutory provisions, what is not specifically provided for. The provisions of the Central Motor Vehicles Rules demonstrate the extent of minuteness in the Rules and the efforts of the framers to ensure, not only the appropriate manner of construction and maintenance of vehicles, but also the safety of other users of the road. In the said decision, the Apex Court held further that, the legislative intent attaching due significance to 'public safety' is evident from the object and reasons of the Motor Vehicles Act, the provisions of the said Act and more particularly, the rules framed thereunder.
10. In Principal, Sabari PTB Smaraka H.S.S. v. Additional Registering Authority [2020 (2) KHC SN 9], this Court noticed that AIS-008 - Installation Requirements of Lighting and Light-Signalling Devices for Motor Vehicles having more than 7 W.P.(C)Nos.25158 of 2024 and 25129 of 2024 three wheels, Trailers and Semi-Trailers excluding Agricultural Tractors and Special Purpose Vehicles - deals with every minute detail of installation of lighting, light-signalling devices and retro- reflectors for a motor vehicle having more than three wheels, trailer and semi-trailer excluding agricultural tractor and special purpose vehicle. The lighting, light-signalling devices and retro- reflectors permitted to be installed on such a motor vehicle have been specifically provided for in AIS-008. In view of the prohibition contained in Para.5.1, no such motor vehicle shall be permitted to be installed with any lighting and light-signalling devices or retro-reflectors, other than those referred to in Para.6.0 of AIS-008. A combined reading of the definition clauses and the individual specifications specified in Paras.6.1 to 6.20 of AIS-008, leads to an irresistible conclusion that, in order to ensure the safety of road users, the standards prescribed in AIS- 008 deal with every minute detail of the installation of lighting and light-signalling devices for such a motor vehicle.
11. In the order dated 12.12.2024 in DBP No.110 of 2024, this Court found that, in view of the provisions contained in the Central Motor Vehicle Rules, the safety standards in AIS-008 and also the law laid down in the decisions referred to supra, no backlit 8 W.P.(C)Nos.25158 of 2024 and 25129 of 2024 nameboards showing red light or blue light can be fitted on a motor vehicle.
12. In paragraph 6 of the order dated 12.12.2024 in DBP No.110 of 2024, this Court extracted the photographs of the vehicles used by the Commissioner, the Secretary, the Vigilance Wing and Maramath Wing of the Cochin Devaswom Board, which are fitted with nameboards in red background on the front and also on the rear. The said photographs are extracted hereunder; 9 W.P.(C)Nos.25158 of 2024 and 25129 of 2024
13. Rule 92A of the Kerala Motor Vehicles Rules deals with exhibition of name boards in certain motor vehicles. As per Rule 92A, no motor vehicle other than those specified in clauses (i) to
(xi), in the manner described against 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 permission of the Government. Clauses (vi) to (viii) of Rule 92A read thus;
10W.P.(C)Nos.25158 of 2024 and 25129 of 2024 "92A. Prohibition of exhibiting nameboards in motor vehicles.- xxx xxx xxx
(vi) The vehicles owned by the Central Government, the State Government Departments, Local Self Government Institutions, the Constitutional Authorities, the Statutory Commissions, the Statutory Boards and Statutory Corporations shall exhibit a board each in front and rear other than the board showing registration mark of the vehicle indicating the name of the Department or the name of the Constitutional Authority or the Statutory Body to which they belong. The background of the board shall be in red colour and the letters shall be in white colour. The size of the name plate shall be 30x10 cm and the letters shall have a height of 40 millimeter with thickness of 8 millimeter.
(vii) The vehicle used by the Head of a Central Government Department, State Government Department, Local Self Government Institutions, Constitutional authority and statutory body shall exhibit a board each in front and rear bearing the designation of such officer other than the board showing the registration mark of the vehicle. The background of the board shall be in red colour and the letters shall be in white colour. The size of the name plate shall be 25x10 centimeters and the letters with a height of 40 millimeter and have a thickness of 8 millimeter. If such officer is not travelling in the vehicle, the board shall be removed or suitably covered;
(viii) The vehicles owned by Public Sector Undertakings and Boards not coming under item (vii) and Nationalised Banks and the institution or institutions which have been permitted to exhibit board by the Hon'ble High Court shall display a board in front and rear indicating the name of the Public 11 W.P.(C)Nos.25158 of 2024 and 25129 of 2024 Sector Units/Boards on top other than the board showing the registration mark and the letters "A State Government Undertaking" or "A Central Government Undertaking" below the name of the public sector units/boards and Nationalised Banks. The background of the board shall be in light blue colour and the letter shall be in white colour. The size of the name plate shall be 30x10 cm and the letters shall have a height of 40 millimeter with thickness of 6 millimeter."
13. In the order dated 12.12.2024 in DBP No.110 of 2024, this Court held that the provisions contained in the aforesaid clauses of Rule 92A of the Kerala Motor Vehicles Rules would not enable the exhibition of nameboards as seen in the photographs extracted hereinbefore on the vehicles owned by the Cochin Devaswom Board. The said Rules do not enable the Member of the Devaswom Board or its Commissioner or Secretary to show his designation in the nameboard. By the said order, this Court ordered that the nameboards fitted on the vehicles owned by the Cochin Devaswom Board, as seen in the photographs extracted hereinbefore, which do not meet the requirements of Rule 92A of the Kerala Motor Vehicles Rules and the backlit nameboards showing red light fitted on the vehicles carrying the President and Members of the Board, which is in violation of the provisions under the Central Motor Vehicles Rules and the safety standards in AIS- 008 has to be removed and such vehicles can be fitted with 12 W.P.(C)Nos.25158 of 2024 and 25129 of 2024 nameboards only after meeting the requirements of Rule 92A of the Kerala Motor Vehicles Rules, regarding colour, thickness and height of letters and size of the board.
14. The learned Special Government Pleader and the learned Central Government Counsel seek time to get instructions.
W.P.(C)Nos.25158 of 2024 and 25129 of 2024 List on 18.03.2025.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
MURALEE KRISHNA S., JUDGE
MIN
14-03-2025 /True Copy/ Assistant Registrar