Kerala High Court
Manoj Padmanabhan vs State Of Kerala on 22 January, 2021
Author: S. Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942
WP(C).No.19242 OF 2014(S)
PETITIONER:
MANOJ PADMANABHAN
CONVENOR, AAM AADMI PARTY KERALA,
DOOR NO.66/3742, FIRST FLOOR,
NANDU'S BUILDING, ABOVE GIRIPAI JEWELLERY,
MG ROAD, ERNAKULAM 682035.
BY ADVS.
SRI.K.C.ELDHO
SRI.AJIT JOY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE SECRETARY
TRANSPORT DEPARTMENT,
GOVERNMENT OF KERALA, NORTH BLOCK,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
3 TRANSPORT COMMISSIONER
GOVERNMENT OF KERALA, TRANS TOWER,
VAZHUTHACAUD, THIRUVANANTHAPURAM-695014.
SRI. SURIN GEORGE IPE SR GP FOR RESPONDENTS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 22-01-2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P(C).19242/2014
2
JUDGMENT
Dated this the 22nd day of January, 2021 S. Manikumar, CJ.
Writ Petition is filed to quash Ext.P3, notification, which is reproduced:
"GOVERNMENT OF KERALA Transport (B) Department NOTIFICATION G.O.(P)No. 41/2014/Tran.
Dated, Thiruvananthapuram, 7th June, 2014 24th Idavam, 1189 S. R. O. No. 361/2014.--WHEREAS, in exercise of the powers conferred by clause (iii) of the proviso to sub- rule (1) of rule 108 and sub-rules (2), (3) and (4) of the said rule of the Central Motor Vehicles Rules, 1989, the Government of Kerala, vide notification issued under G. O. (P) No. 28/2014/Tran. dated 19 th March, 2014 and published as S. R. O. No. 209/2014 in the Kerala Gazette Extraordinary No. 918 dated 20th March, 2014, have specified the vehicles carrying, high dignitaries on which red, blue or multi coloured lights shall be used;
AND WHEREAS, the Government have decided to specify more high dignitaries to be included in Schedule III of the said notification permitting them to use blue light with flasher while on duty anywhere in the State;
Now, THEREFORE, in exercise of the powers conferred under clause (iii) of the proviso to sub-rule (1) of rule 108 and sub-rules (2), (3) and (4) of the said rule of the Central Motor Vehicles Rules, 1989, the Government of Kerala W.P(C).19242/2014 3 hereby specify that the vehicles carrying the high dignitaries specified in Schedule III below are permitted to use blue light with flasher and consequently make the following amendment to the notification issued under G. O. (P) No. 28/2014/Tran. dated the 19th March, 2014 and published as S. R. O. No. 209/2014 in the Kerala Gazette Extraordinary No. 918 dated the 20th March, 2014, namely:--
AMENDMENT In the said notification for Schedule III, the following schedule shall be substituted, namely:--
"SCHEDULE III
1. The Members of the Kerala Public Service Commission.
2. 2. The Members of the Kerala State Planning Board.
3. The Secretaries to Government of Kerala.
4. The District Judges.
5. The District Collectors.
6. The Vice Chairmen, NORKA Roots.
7. The Police Officers of and above the rank of District Police Chief.
8. The Transport Commissioner.
9. The Police vehicles used as escorts or pilots."
By order of the Governor, DR. V. M. GOPALA MENON, Secretary to Government.
Explanatory Note (This does not form part of the notification, but is intended to indicate its general purport.) W.P(C).19242/2014 4 Rule 108 of the Central Motor Vehicles Rules, 1989 empowers the State Government to specify the high dignitaries for the purpose of the rule and to specify the motor vehicles on which red, blue and multi coloured lights shall be fitted. Government have issued a notification under the said rule and published it as S.R.O. No. 209/14. Now, the Government have decided to include more dignitaries in the Schedule III of the said notification. For this purpose, the said notification is to be amended.
The notification is intended to achieve the above object."
2. Petitioner has also sought for a mandamus directing the Chief Secretary to the Government, Government of Kerala, Thiruvananthapuram to prohibit the use of flags and similar insignia by IAS, IFS and such other public officials in their cars that violates Article 18 of the Constitution except those permitted by law for the uniformed personnel.
3. Petitioner has also sought for a direction to the Secretary, Transport Department and Transport Commissioner, Government of Kerala/respondents 2 and 3 respectively, to strictly regulate the use of boards on cars such that does not cover registration/number plates and it is not used extensively in order to secure a privilege while on roads.
4. On this day, when the matter came up for further hearing, Mr.Surin George Ipe, learned Senior Government Pleader submitted that Rule 108 of the Central Motor Vehicles Rules, 1989, underwent W.P(C).19242/2014 5 amendment to the effect that beacon lights cannot be used by dignitaries as permitted earlier. For brevity, amended Rule 108 of the Central Motor Vehicles Rules is reproduced:
"108. Use of red, white or blue light.-- (1) No motor vehicle shall show a red light to the front or light other than red to rear:
Provided that the provisions of this rule shall not apply to--
(i) the internal lighting of the vehicle; or
(ii) the amber light, if displayed by any direction indicator or as top light used on vehicle for operating within the premises such as airports, ports, mines and project sites, without going outside the said premises on to public roads;
3 [omitted]
(iv) the blinker type of red light with purple glass fitted to an ambulance van used for carrying patients or the warning lamps fitted on Road Ambulance in accordance with Annexure 1 of AIS-125 (Part-1)-2014;
(v) [omitted]
(vi) white light illuminating the rear number plate;
(vii) white light used while reversing;
(viii) plough light provided in agricultural tractors for illuminating the implement's working area on the ground in agricultural field operations.
(4) Use Of multi-coloured red, blue and white light shall be permitted only on vehicles specifically designated for such emergency and disaster management duties as may be specified by the Central Government.
(5) [omitted]
W.P(C).19242/2014
6
(6) [omitted]
(7) On and after the 1st April, 2018, the top lights (warning lamps) fitted on Road Ambulances shall be in accordance with AIS:125 (Part 1)-2014, as amended from time to time, for all types of ambulances specified therein, till the corresponding BIS specifications are notified under the Bureau of Indian Standards Act, 1986 (63 of 1986). 108-A. Use of red or white light on construction equipment vehicles and combine harvesters].--No construction equipment vehicle and combine harvester shall show a red light to the front or light other than red to the rear:
Provided that the provision of this rule shall not apply to: --
(i) the internal lighting of the vehicle;
(ii) the amber light, if displayed by any direction indicator or top light;
(iii) white light illuminating the rear or side registration number plate;
(iv) white light used while reversing;
(v) light provided for illuminating the implement's working area on the ground in off-highway or construction operations.] "
5. Amended Rule has been issued by way of Gazette notification in G.S.R. No.423E dated 1.5.2017, which is reproduced :
"MINISTRY OF ROAD TRANSPORT AND HIGHWAYS NOTIFICATION New Delhi, the 1st May, 2017 W.P(C).19242/2014 7 G.S.R. 423(E).--Whereas the draft rules further to amend the Central Motor Vehicles Rules, 1989 were published, as required under sub-section (1) of section 212 of the Motor Vehicles Act, 1988 (59 of 1988), vide notification of the Government of India in the Ministry of Road Transport and Highways number G.S.R. 397 (E), dated the 20th April, 2017 in the Gazette of India, Extraordinary, Part-II, section 3, sub-section (i) inviting objections and suggestions from affected persons before the expiry of the period of ten days from the date on which copies of the Gazette containing the said notification were made available to public;
Whereas, copies of the said Gazette notification were made available to the public on the 20th April, 2017;
And whereas. the objections and suggestions received from the public in respect of the said draft rules have been considered by the Central Government:
Now, therefore, in exercise of the powers conferred by section 110 of the Motor Vehicles Act, (59 of 1988), the Central Government hereby makes the following rules further to amend the Central Motor Vehicles Rules, 1989, namely:-
1. (1) These sties may be called the Central Motor Vehicles (Seventh Amendment) Rules, 2017.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Central Motor Vehicles Rules,1989, in rule 108,-
(a) in sub-rule (1), in the proviso,--
(i) for clause (ii), the following clause shall be substituted, namely:--
(ii) the amber light, if displayed by any direction indicator or as top light used on vehicle for operating W.P(C).19242/2014 8 within the premises such as airports, ports, mines and project sites, without going outside the said premises on to public roads;"
(iii) clause (iii) shall be omitted;
(iv) clause (v) shall be omitted;
(b) sub-rules (2) and (3) shall be omitted;
(c) in sub-rule (4), for the words "emergency duties and shall be specifically specified by State Governments", the words "such emergency and disaster management duties as may be specified by the Central Government" shall be substituted;
(d) sub-rules (5) and (6) shall be omitted.
[F. No. RT-11036/24/2017-MVL] ABHAY DAMLE, Jt. Secy.
Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide notification number G.S.R. 590(E), dated the 2 nd June, 1989 and was last amended vide notification number G.S.R. 271(E), dated 21.03.2017."
6. Transport Commissioner, Transport Commissionerate, Thiruvananthapuram has issued Ext. P4 circular dated 3.7.2013, which reads thus:
"C1/16793/TC/09 Transport Commissionerate, Keralam Tans Towers, Thiruvananthapuram Dated: 03-07-20/3 From The Transport Commissioner To All Deputy Transport Commissioners All Regional Transport Officers W.P(C).19242/2014 9 All Regional Transport Officers (Enforcement) All Joint Regional Transport Officers Sir, Sub: Motor Vehicles Department-Exhibition of name boards in motor vehicles owned by Government Department/Public Undertakings/Corporations, etc. reg.
Ref: 1. Circular No.5280/M2/94/PW&T dated 25.02-1994 of Public Works and Transport (M) Department, Government of Kerala.
2. Circular No. 35519/B2/1995/TRAN dated 25-10-1997 of Transport (B) Department, Government of Kerala
3. Earlier directions issued in this regard I may invite attention to the above references. Even after the repeated circular instructions issued regarding the display of name board of each Department, Public Sector Undertaking , Autonomous body and local body on their vehicles, it has come to the notice that they are interested to exhibit "Kerala State' or "Government of Kerala' board instead of the name of the department. It is also observed that in certain vehicles the designation of officers are also displayed which is again contrary to the existing instructions. This has also figured as a question in the Honourable Legislative Assembly, Vide reference 1..v cited, Government have clearly mentioned that the vehicles allotted to the Ministers and those similarly assigned will bear the board, 'Kerala State' and a number. The background of the board will be red and the letters will be in white. The Government departmental vehicles will exhibit a board each in front and rear, indicating the department to which they belong. The. background of the board will be red and the letters will be white. The Public Sector Units vehicles will also not display "Kerala State' board. The vehicles owned by Public Sector Units/Boards will display a rectangular board in front indicating the name of the Public Sector Unit/Board W.P(C).19242/2014 10 on top and the letters "A State Government Undertaking" below the name of the Undertaking, and a circular board in rear, indicating the name of the Company either in full or in appropriate abbreviated forms. The background of both the boards will be light blue and the letters in black.
The officers of the Motor Vehicles Department are instructed to note down such irregular use of boards and take action as per law. In this connection it is also to be noted that there is complaint regarding misuse of boards such as 'Press', 'Media', etc. The head of offices will coordinate action against violations and report compliance within 14 days.
Yours faithfully Sd/-
Senior DTC (Taxation) For Transport Commissioner"
7. Circular issued by the Transport Department dated 20.4.2009 regarding Exhibition of name boards in Motor vehicles owned/used by judicial officers in the State (Ext. P5) reads thus:
"GOVERNMENT OF KERALA No.14902/B2/8/Tran. Transport (B) Department Thiruvananthapuram Date: 20.4.2009 CIRCULAR Sub: Exhibition of name boards in Motor vehicles owned/used by judicial officers in the State- regarding Ref:- 1. Circular No.5280/M2/94/PW&T dated 25.02.1994.
2. Official Memorandum No. D1(B)7735612008 dated 22.12.2008 of the High Court of Kerala.
As per the reference 1st cited, the Government have issued Instructions for exhibiting name boards in the W.P(C).19242/2014 11 vehicles owned by Government Department, Public Sector Undertakings etc. As per the reference second cited, the Hon'ble High Court of Kerala had granted permission to all judicial officers in the State to display name plates indicating their designation on their private cars subject to the following conditions: -
i) The display of name plate on the private car shall not obstruct the view of the number plate of the vehicle.
ii) The name plate indicating the designation shall be covered when the judicial officer is not in the car concerned.
iii) The misuse of the permission to display name plate indicating designation shall be viewed seriously by the High Court, and the permission shall be withdrawn in the case judicial officers found to be misusing the permission.
The Registrar, Subordinate Judiciary, High Court of Kerala informed the Government that it would be advisable to have a Government Order in the matter as in the case of the members of the Legislative Assembly permitting them to exhibit plates showing designation on their private car.
In the circumstances, in addition to the instructions already issued, the Government hereby grants permission to all judicial officers in the State to exhibit name boards indicating their designation in the front and rear of the motor vehicles owned/used by them subject to the following conditions:-
i) All stipulations contained in the Official Memorandum issued by the Hon'ble High Court as per the reference 2nd cited, should be complied with.
ii) The board indicating designation both in front and rear of the vehicle should be painted in red colour with letters in W.P(C).19242/2014 12 white and the height of the letter should be 60 m.m and thickness should be 8 m.m.
K.R. JYOTHILAL Secretary to Government."
8. Circular issued by the Transport Department, Thiruvananthapuram dated 12.11.2012, regarding exhibition of name boards in motor vehicles used by Government Law Officers in the High Court (Ext.P6), is reproduced:
"GOVERNMENT OF KERALA No. 15437/B2/2012/Tran. Transport (B) Department, Thiruvananthapuram, Dated : 12,11.2012.
CIRCULAR Sub:- Transport Department - Exhibition of name boards in motor vehicles used by Government Law Officers in the High Court of Kerala - instructions issued - reg.
Ref:-1. Circular No.5280/M2/94/PW&T, dated 25/02/1994,
2. Representation dated 12/07/2012 from the Law Officers of the High Court of Kerala.
***** As per the circular 1st cited, Government had issued instructions for exhibiting nameboards in the vehicles owned by Government Departments/PSUs etc. As per the reference 2 nd cited, the Government Law Officers of the High Court of Kerala including Special Government Pleaders, Senior Government Pleaders and Government Pleaders have requested to grant permission to exhibit designation boards in the vehicles used by them, citing the reason that they find it difficult to attend their office in time due to the heavy traffic congestion and snail W.P(C).19242/2014 13 paced traffic movement during the peak traffic hours.
In the circumstances and considering the contingency and time schedule of the judiciary, Government hereby grant permission for the display of designation boards in the vehicles used by the Government Law Officers of the High Court of Kerala, subject to the following conditions:
(a) The board indicating designation, both in front and rear of the vehicle should be painted in red colour with letters in white and the height of the letter should be 60 mm and thickness should be 8mm.
(b) When the Law Officers are not travelling in the vehicle, the board should be removed/suitably covered.
Sreekumar. N. K. Deputy Secretary to Government"
9. Ext.P7 is the communication issued by the Under Secretary to Government of India, Ministry of Road Transport & Highways to the Transport Commissioner/3rd respondent dated 4.3.2011, which reads thus:
"Government of India Ministry of Road Transport & Highways (MVL Section) .........
New Delhi, Dated March 4, 2011 F No. RT- 11036/04/201 1 -MVL To The Transport Commissioner, Thiruvananthapuram, Transport Commissionerate, Trans Towers, Thiruvananthapuram.
Sub, - Displaying of Government of India/ Bharat Sarkar on Central Government owned Vehicles. W.P(C).19242/2014 14 I am directed to refer to your letter no. C1/11111/TC/2010 dated January 04, 2011 on the subject noted above and to say that no provision exists in the Motor Vehicle Act 1988 to display "Govt.of India"
on motor vehicles belonging to Central Government. No instruction in this regard has been issued by this Ministry.
Yours faithffully, Sd/-
(Vivek Ashish) Secretary to the Government of India Tel : 011-23717367"
10. Flags and other insignia are not being used by the public officials except the Constitutional Authorities. Use of Boards on cars are also regulated by Government Orders/Circulars (Exts.P5 & P6) as well as the amendments to the Rules.
In the light of the subsequent amendments and the Government orders/circulars issued, no certiorari or mandamus, as prayed for is required to be issued. Writ Petition is dismissed.
Sd/-
S. Manikumar, Chief Justice Sd/-
Shaji P. Chaly, Judge sou.
W.P(C).19242/2014 15 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE REPRESENTATION DATED 17-01-2014 SUBMITTED BY THE PETITIONER TO THE CHIEF SECRETARY.
EXHIBIT P2 A TRUE COPY OF THE G.O.(P) NO.
28/2014/TRAN DATED 19-03-2014.
EXHIBIT P3 A TRUE COPY OF THE G.O.(P)NO.
41/2014/TRAN DATED 07-06-2014.
EXHIBIT P4 A TRUE COPY OF THE CIRCULAR NO.
C1/16793/TC/09 DATED 03-07-2013 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P5 EXHIBIT P5- A TRUE COPY OF THE CIRCULAR NO. 14902/B2/08/TRAN DATED 20-04-2009.
EXHIBIT P6 EXHIBIT P6- A TRUE COPY OF THE CIRCULAR NO. 15437/B2/2012/TRAN DATED 12-11-2012.
EXHIBIT P7 EXHIBIT P7- A TRUE COPY OF THE COMMUNICATION DATED 04-03-2011 ISSUED BY THE UNDER SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF ROAD TRANSPORT & HIGHWAYS TO THE 3RD RESPONDENT.