Suo Motu vs The Union Of India on 19 October, 2023

[Cites 5, Cited by 0]

Kerala High Court

Suo Motu vs The Union Of India on 19 October, 2023

The Special Commissioner, Sabarimala has filed this report pursuant to the directions contained in the order of this Court dated 25.08.2023 in SSCR No.20 of 2021 regarding the functioning of the Safe Zone Project, Sabarimala during Mandala-Makaravilakku festival season of 1199 ME (2023-24), which will commence on 16.11.2023.

2. SSCR No.20 of 2021 filed by the Special Commissioner was disposed of by the order dated 10.01.2022 [2022:KER:1354 : 2022 SCC OnLine Ker 1105] with the directions contained in paragraph 120 of that order. The Transport Commissioner, Kerala (4 th respondent herein) and the State Police Chief, Kerala (5th respondent herein) were directed to file 'action taken reports' before this Court on or before 01.07.2022, which was directed to be placed before the Bench on 11.07.2022. The Registrar General was directed to forward a copy of the order dated 10.01.2022 to the Secretary, Supreme Court Committee on Road Safety, for information.

3. In the order dated 26.05.2022 in SSCR No.20 of 2021 [2022 (4) KLT 934 : 2022 SCC OnLine Ker 2906] this Court noticed that, despite the directions contained in the order dated 10.01.2022 SSCR No.30 of 2023 2 [2022:KER:1354], the Enforcement Officers under the Transport Commissioner, Kerala and the Police Officers under the State Police Chief, Kerala are not taking earnest efforts to ensure strict enforcement of the provisions under the Motor Vehicles Act, 1988, the Central Motor Vehicles Rules, 1989, the Kerala Motor Vehicles Rules, 1989 and the Motor Vehicles (Driving) Regulations, 2017, taking note of the law laid down in the decisions referred to in the said order dated 10.01.2022. After the order of this Court dated 10.01.2022, in motor accidents involving contract carriages, the passengers in those vehicles and other road users sustained serious/fatal injuries. Since the use of contract carriages in public places, flouting the safety standards prescribed in AIS-008 (Rev.2):2019 - Installation Requirements of Lightings and Light-Signalling Devices for Motor Vehicle having more than three wheels, including Quadricycles, Trailer and Semi-Trailer excluding Agricultural Tractor and AIS-052 (Rev.1):2008 - Code of Practice for Bus Body Design and Approval etc., is posing a potential threat to the safety of the passengers and other road users, the learned Assistant Solicitor General of India was requested on 26.05.2022, to address arguments on behalf of the Ministry of Road Transport and Highways.

4. In SSCR No.20 of 2021, this Court passed an order dated 06.10.2022 [2022 SCC OnLine Ker 4898], which was followed by detailed orders dated 13.04.2023 and 25.08.2023. By the order dated 25.08.2023 the Special Commissioner, Sabarimala was directed to file SSCR No.30 of 2023 3 a fresh report regarding the functioning of Safe Zone Project by the Motor Vehicles Department during Mandala-Makaravilakku festival season of 1199 ME (2023-24). In terms of that direction, the Special Commissioner has filed this SSCR. Paragraphs 26 to 33 of the order of this Court dated 25.08.2023 in SSCR No.20 of 2021 read thus;

"26. It is pertinent to note that the order dated 10.10.2022 in this SSCR was one passed in connection with a motor accident which occurred on 05.10.2022 at Anchumoorthy Mangalam in Palakkad District, involving a contract carriage bearing registration No.KL-05/AU-8890 carrying students from Mar Baselios School, Mulanthuruthy, who were on a study tour to Ooty. At the place of accident, the said contract carriage hit the rear of a KSRTC bus bearing registration No.KL-15/A-1313. In that accident, 9 persons (5 students and 1 teacher in the contract carriage and 3 passengers in the KSRTC bus) sustained fatal injuries. In the order dated 10.10.2022, this Court noticed from the accident investigation report dated 08.10.2022 of the Motor Vehicles Department and the photographs enclosed therewith that the said contract carriage was fitted with unauthorised multi- coloured LED lights, rotating flashlights, DJ lights, laser lights, fog machine, high wattage speakers and woofers. The passenger compartment of that vehicle was converted into a dancing floor. The unauthorised lights fitted in that vehicle will cause distraction to the driver of that vehicle and also to other road users. Various objects were placed or hanged in front of the windscreen and the name of the bus was written in the middle of the windscreen, above the level of the dashboard, causing obstruction to the clear vision of the driver. The screenshots reproduced in paragraphs 3 and 6 of the order dated 10.10.2022 of contract carriage bearing registration No.KL-05/AU-8890 are reproduced hereunder; SSCR No.30 of 2023 4

27. On 21.08.2023, when this SSCR came up for consideration, this Court heard the arguments of the learned Special Government Pleader, the learned Senior Government Pleader and also the learned Deputy Solicitor General of India. We have also viewed in open Court the videos posted on YouTube of vehicles with extensive modifications, posing threat to the safety of public, which includes contract carriages, goods carriages and also vehicles brought to India through Carnet. A few screenshots of such altered vehicles are reproduced hereunder;

SSCR No.30 of 2023

5 SSCR No.30 of 2023 6 SSCR No.30 of 2023 7

28. The screenshots of motor vehicles taken from the videos posted by vloggers by name 'AJ Tourist Bus Lover', 'Nazru Vlogger' and 'Najeeb Zainuls' would make it explicitly clear that even after the order of this Court dated 13.04.2023 in this SSCR, contract carriages are being used in public place without complying with the safety standards in AIS-008 and that prescribed in AIS-052 (Rev.1) 2008, posing potential threat to the safety of the passengers and also other road users. Goods vehicles are being used in public place which are fitted with unauthorised after-market multi-coloured LED/laser/neon lights/ flashlights, etc., which are capable of dazzling the drivers of oncoming vehicles, pedestrians and other road users. In addition to this, as evident from the screenshots from the video posted by the vlogger by name 'Motor Vlogger', vehicles which had undergone extensive modifications and alterations, which are fitted with LED/laser/neon lights, flashlights, etc. capable of dazzling the drivers of oncoming vehicles, pedestrians and other road users, are being used in public place, posing potential threat to the safety of other road users. The motor car seen in the screenshots reproduced hereinbefore, which is brought to India through Carnet which bears the registration mark 'DUBAI R 3557' is fitted with an exhaust system emitting fumes and loud sound.

29. During the course of arguments, the specific stand taken by the Deputy Solicitor General of India, on instructions, is that vehicles fitted with exhaust system emitting fumes and loud sound, wide tyres protruding out of wheel arches/mudguards, etc. cannot be permitted to be used in public place, posing a potential threat to the safety of its passengers and other road users. In case, any such violations are noticed, the Enforcement Wing of the Motor Vehicles Department and the Police can proceed against the owner/driver of the said vehicle.

30. In the above circumstances, it is for the police and the Enforcement Wing of the Motor Vehicles Department to proceed SSCR No.30 of 2023 8 against the vehicles brought through Carnet, in case such vehicles are fitted with exhaust system emitting fumes and loud sound, wide tyres protruding out of wheel arches, mudguards, etc. The owner/driver of the vehicles brought through Carnet shall be proceeded against for the use of such vehicles in public place in violation of the restrictions regarding its use in India.

31. The learned Special Government Pleader and also the learned Senior Government Pleader would submit that preliminary meetings regarding the functioning of the Safe Zone Project in connection with Mandala-Makaravilakku festival season of 1199 ME (2023-24) have already been convened. The police and the Enforcement Wing of the Motor Vehicles Department shall ensure strict compliance of the directions contained in the orders of this Court in this SSCR, in order to ensure the safety of pilgrims and also other road users. The learned Senior Government Pleader would point out that during the previous festival season of 1198 ME (2022-23), the daily footfall at Sabarimala Sannidhanam had crossed 1 lakh pilgrims per day on several occasions. Therefore, appropriate measures shall be taken, well in advance to ensure smooth and safe movement of Sabarimala pilgrims during the festival season of 1199 ME.

32. In terms of the directions contained in the order dated 13.04.2023 in this SSCR, the 2nd respondent Transport Commissioner, through the concerned Enforcement Officers in the Motor Vehicles Department, and the 3rd respondent State Police Chief, through the District Police Chief of the concerned Districts, shall take stringent action against vehicles, including Government vehicles, which are being used in a public place without complying with the safety standards in AIS-008. Stringent action shall be taken against the use of altered vehicles in public places, including vehicles brought through Carnet. All such vehicles shall be proceeded against strictly in terms of the directions contained in paragraphs 26 and 27 of the order dated 13.04.2023. The SSCR No.30 of 2023 9 vehicles in the screenshots reproduced hereinbefore at paragraph 27 shall also be proceeded against, strictly in terms of the above directions. Appropriate proceedings shall be initiated against the owner and driver of such vehicles and also the vloggers who promote the use of such vehicles by posting vlogs on YouTube and other online media.

33. The Special Commissioner, Sabarimala is directed to file a fresh report regarding the functioning of Safe Zone Project by the Motor Vehicles Department during Mandala-Makaravilakku festival season of 1199 ME (2023-24), enclosing therewith a copy of the order dated 26.05.2022 [2022 (4) KLT 934], the order dated 13.04.2023 and also a copy of this order."

5. The Motor Vehicles Act, 1988 was enacted by the Parliament to consolidate and amend the law relating to motor vehicles, namely, the Motor Vehicles Act, 1939 to take into account, inter alia, the need for encouraging the adoption of higher technology in the automotive sector; laying down standards for the components and parts of motor vehicles; concern for road safety standards and pollution control measures, standards for transportation of hazardous and explosive materials; etc. Chapter VII of the Motor Vehicles Act deals with construction, equipment and maintenance of motor vehicles.

6. The Central Motor Vehicles Rules, 1989 made by the Central Government, in the exercise of the rule-making power under the relevant provisions of the Motor Vehicles Act, 1988 was published, vide notification dated 02.06.1989. Chapter V of the Central Motor Vehicles Rules deals with construction, equipment and maintenance of motor vehicles. As per sub-rule (1) of Rule 92, no person shall use or cause or SSCR No.30 of 2023 10 allow to be used in any public place any motor vehicle which does not comply with the provisions of Chapter V.

7. Rule 100 of the Central Motor Vehicles Rules deals with safety glass; Rule 102 deals with signaling devices, direction indicators and stop lights; Rule 103 deals with position of the indicator; Rule 104 deals with fitment of reflectors; Rules 104A to 104C deals with fitment of reflectors on construction equipment vehicles and combine harvesters, agricultural tractors and power tillers, respectively, Rule 105 deals with lamps; Rule 106 provides for deflection of lights; Rule 107 deals with top lights; Rule 108 deals with use of red, white or blue light; Rule 109 deals with parking lights; Rule 110 deals with lamps on three- wheelers; Rule 111 deals with prohibition of spot-lights, etc.; Rule 119 deals with horns; and Rule 120 deals with silencers.

8. In Avishek Goenka v. Union of India [(2012) 5 SCC 321], after referring to the provisions under Rules 100, 104, 104A, 106, 119 and 120 of the Central Motor Vehicles Rules, the Apex Court held that the Central Motor Vehicles Rules deal with every minute detail of construction and 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 SSCR No.30 of 2023 11 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. The Apex Court noticed 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 Central Motor Vehicles Rules framed thereunder.

9. In exercise of the powers conferred by sub-section (1) of Section 200 of the Motor Vehicles Act and in supersession of the notification issued under G.O.(P) No.30/2019/Trans. dated 31.08.2019, the State of Kerala published as S.R.O.No.788/2019 in the Kerala Gazette Extraordinary No.2577 dated 26.10.2019. Sl.No.14 of the Schedule to the said notification reads thus;

       Sl.No.       Penal              Description               Amount (Rs.)
                  Provision
         14      Sec.182A(4)   Being the owner of a motor      5,000 per such
                               vehicle, alters a motor          alteration
                               vehicle, including by way of
                               retrofitting of motor vehicle
                               parts, in a manner not
                               permitted under the Act or
                               the rules and regulations
                               made thereunder.

10. In the order dated 26.05.2022 in SSCR No.20 of 2021 [2022 (4) KLT 984] this Court directed the Transport Commissioner, SSCR No.30 of 2023 12 through the Enforcement Officers in the Motor Vehicles Department and the State Police Chief, through the District Police Chief of the concerned Districts to prevent the use of contract carriages and other transport vehicles in public place, flouting the safety standards prescribed in AIS- 008, after replacing the prototype approved lights, light-signalling devices and reflectors with after-market multi-coloured LED/laser/neon lights, flashlights, etc. and without maintaining lighting and light- signalling devices and also retro-reflectors as per the individual specifications, namely, number, position, width, height, length, geometric visibility, orientation, etc. specified in AIS-008.

11. As held by this Court in the order dated 26.05.2022 in SSCR No.20 of 2021 [2022 (4) KLT 984] as per sub-section (4) of Section 182A of the Motor Vehicles Act, whoever, being the owner of a motor vehicle, alters a motor vehicle, including by way of retrofitting of motor vehicle parts, in a manner not permitted under the Act or the Rules and Regulations made thereunder shall be punishable with imprisonment for a term which may extend to six months, or with fine of five thousand rupees per such alteration or with both. As per sub-section (2) of Section 190 of the Motor Vehicles Act, any person who drives or causes or allows to be driven, in any public place a motor vehicle, which violates the standards prescribed in relation to road safety, control of noise and air-pollution, shall be punishable for the first offence with imprisonment for a term which may extend to three months, or with fine which may SSCR No.30 of 2023 13 extend to ten thousand rupees or with both and he shall be disqualified for holding licence for a period of three months and for any second or subsequent offence with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both.

12. In the order dated 25.08.2023 in SSCR No.20 of 2021, this Court reiterated that the use of a motor vehicle in a public place without complying with the installation requirements of lighting and light- signalling devices and also retro-reflectors in AIS-008 [Motor Vehicle having more than Three Wheels including Quadricycles, Trailer and Semi-Trailer excluding Agricultural Tractor] is likely to endanger the safety of other road users. In the said order, it was ordered that motor vehicles which are fitted with after-market multi-coloured LED/laser/ neon lights, flashlights, etc., as seen in the screenshots reproduced hereinbefore, which are being used in a public place, openly flouting the safety standards prescribed in AIS-008, which are capable of dazzling the drivers of the oncoming vehicles, pedestrians and other road users, thereby posing a potential threat to the safety of other road users, have to be dealt with in an appropriate manner, strictly in accordance with the law. In addition to the penal consequences provided in the statutory provisions, the owner of the vehicle has to be imposed with a fine of Rs.5,000/- per such alteration; i.e, Rs.5,000/- for each after-market multi-coloured LED/laser/neon lights, flashlights, as per the provisions SSCR No.30 of 2023 14 under sub-section (4) of Section 182A of the Motor Vehicles Act, read with S.R.O.No.788/2019 published in the Kerala Gazette Extraordinary No.2577 dated 26.10.2019. Such vehicles cannot be treated as vehicles which comply with the provisions of Chapter V of the Motor Vehicles Act, which deals with construction, equipment and maintenance of motor vehicles. In view of the prohibition contained in sub-rule (1) of Rule 92 of the Central Motor Vehicle Rules, no person shall use or cause or allow to be used in any public place any such motor vehicle.

13. On 16.10.2023, when this report, i.e., SSCR No.30 of 2023 came up for consideration, the learned Deputy Solicitor General of India for the 1st respondent, the learned Senior Government Pleader for respondents 2, 5 and 6, the learned Special Government Pleader for respondents 3 and 4, the learned Standing Counsel for Travancore Devaswom Board for respondents 7 and 8 and the learned Standing Counsel for KSRTC for the 9th respondent sought time to get instructions. Therefore, the matter was ordered to be listed on 20.10.2023.

14. Registry was directed to list this matter today, on account of a motor accident which occurred yesterday (18.10.2023) at Attivalavu near Erumeli, involving a contract carriage from Karnataka carrying pilgrims to Sabarimala. In that accident, the pilgrims travelling in that vehicle sustained injuries. A screenshot of the news items that appeared in online media regarding the said motor accident is SSCR No.30 of 2023 15 reproduced hereunder;

15. The learned Special Government Pleader, on instructions, would submit that in the accident occurred on 18.10.2023, the pilgrims travelling in a contract carriage from Karnataka sustained injuries. After giving first aid, the pilgrims who sustained minor injuries were sent back to their native place in a vehicle arranged by the Enforcement Wing of the Motor Vehicles Department. The learned Special Government Pleader seeks time to place on record a report of the Regional Transport Officer (Enforcement), Pathanamthitta on the above motor accident, by 26.10.2023. The said report shall contain colour photographs of the exterior body, driver cabin and passenger compartment of the contract carriages involved in the accident.

16. On 21.08.2023, when this SSCR No.20 of 2021 came up for consideration, this Court viewed in open Court the videos posted on YouTube of vehicles with extensive modifications, posing threat to the SSCR No.30 of 2023 16 safety of public, which includes contract carriages, goods carriages and also vehicles brought to India through Carnet. A few screenshots of such altered vehicles which were reproduced in paragraph 27 of that order are available at paragraph 4 of this order at page Nos.5 and 6. A few screenshots taken from the videos posted in YouTube of vehicles with extensive modifications, posing threat to the safety of the public, are reproduced hereunder;

SSCR No.30 of 2023

17 The contract carriages by name 'Kottoor' with registration No.KL-03/AE- 6605, 'Oneness' with registration No.KL-32/B-2774 and 'Jordan' with registration No.KL-29/E-6225 seen in the screenshots reproduced hereinbefore are fitted with unauthorised after-market multi-coloured LED/laser/neon lights/flashlights, etc., which are cable of dazzling the drivers of the oncoming vehicles, pedestrians and other road users. The promotion video of the contract carriage 'Oneness' is posted by the vlogger by name, 'AJ tourist bus lover' and the promotion video of the contract carriage 'Jordan' is posted by the vlogger by name, 'Nazru Vlogger'. The driver cabin of the contract carriages is fitted with multi- coloured LED lights, laser/neon lights causing distraction to the driver of that vehicle and also to other road users. Various objects are pasted/hanged in the windscreen causing obstruction to the clear vision SSCR No.30 of 2023 18 of the driver. The passenger compartment of the contract carriages is also fitted with unauthorised LED/laser/neon lights. The 4th respondent Transport Commissioner, through the concerned Enforcement Officer of the Motor Vehicles Department shall conduct inspection of the above vehicles and initiate appropriate proceedings against the owner and driver of those vehicles, in accordance with law, taking note of the specific directions contained in the orders of this Court in SSCR No.20 of 2021. A vehicle covered by AIS-052 - Code of Practice for Bus Body Design and Approval - if fitted with unauthorised after-market multi- coloured LED/laser/neon lights/flashlights, etc., in violation of the safety standards prescribed in AIS-008 (Rev.2):2019 - Installation Requirements of Lightings and Light-Signalling Devices for Motor Vehicle having more than three wheels, including Quadricycles, Trailer and Semi-Trailer excluding Agricultural Tractor - it cannot be treated as a vehicle which comply with the provisions of Chapter V of the Motor Vehicles Act. In view of the prohibition contained in sub-rule (1) of Rule 92 of the Central Motor Vehicles Rules, no person shall use or cause or allow to be used in any public place any such motor vehicle which do not comply with the provisions of Chapter V of the said Act.

17. In addition to the contract carriages with seating capacity of 13 passengers or above excluding driver, contract carriages with seating capacity less than 13 are being used extensively for the transportation of pilgrims during Sabarimala season. Such vehicles are SSCR No.30 of 2023 19 also being used in public place, openly flouting the safety standards prescribed in AIS-008 (Rev.2):2019, with unauthorised after-market multi-coloured LED/laser/neon lights/flashlights, etc., in violation of the safety standards. The passenger compartment of such vehicles are fitted with multi-coloured LED/laser/neon lights/flashlights, etc. A few screenshots of a contract carriage bearing registration No.KL-39/K-0185 taken from the promotion video posted by a Vlogger by name, 'Najeeb Zainuls' in YouTube are reproduced hereunder;

In paragraph 27 of the order dated 25.08.2023 in SSCR No.20 of 2021 this Court reproduced a few screenshots of goods vehicles from the promotion video posted by the vlogger 'Najeeb Zainuls', which are available at paragraph 4 of this order at page Nos.5 and 6. The said vlogger has posted large number of videos in YouTube in order to SSCR No.30 of 2023 20 promote unauthorised alteration of motor vehicles, including the fitment of after-market multi-coloured LED/laser/neon lights/flashlights, etc., openly flouting the safety standards prescribed in AIS-008. The said vlogger has also posted the promotion video of two vehicles owned by another vlogger by name 'Ebulljet', which are fitted with unauthorised lights, including flashlights, flouting the safety standards in AIS-008. A few screenshots of the said vehicles bearing registration Nos.KL-73/B- 777 and KL-39/K-9100 taken from the promotion video posted by 'Najeeb Zainuls' in the YouTube are reproduced hereunder; SSCR No.30 of 2023 21 A few screenshots taken from the promotion video posted by the vlogger 'Najeeb Zainuls' of a goods carriage bearing registration No.KL- 29/V-9544, which is fitted with unauthorised LED/Neon lights, top lights, etc., are reproduced hereunder;

The learned Special Government Pleader to place on record the reports of the concerned Enforcement Officers in the Motor Vehicles Department in respect of the vehicles in the above screenshots.

18. Such alterations are also being made in stage carriages. In addition to fitment of unauthorised after-market multi-coloured LED/ SSCR No.30 of 2023 22 laser/neon lights/flashlights, etc., openly flouting the safety standards prescribed in AIS-008, various objects are pasted/hanged in front of the windscreen and the name of the stage carriage is written in the middle of the windscreen, above the level of the dashboard, causing obstruction to the clear vision of the driver to the front, in violation of the provisions under Rule 278 of the Kerala Motor Vehicles Rules. Rule 315 of the Tamil Nadu Motor Vehicles Rules, 1989, Rule 154(6) of the Karnataka Motor Vehicles Rules, 1989 contains provisions similar to that contained in Rule 278 of the Kerala Motor Vehicles Rules. Two screenshots taken from the news item that appeared in visual media regarding a motor accident which occurred in Kozhikode resulting in the death of two persons are reproduced hereunder;

As evident from the above screenshots, various objects were placed/hanged in front of the windscreen of the stage carriage, causing obstruction to the clear vision of the driver to the front. The said stage carriage hit the rear side of the motorcycle and another stage carriage, SSCR No.30 of 2023 23 which were proceeding in the very same direction. The learned Special Government Pleader seeks time to place on record a report of the concerned Enforcement Officer in the Motor Vehicles Department, on the above motor accident. The said report shall contain colour photographs of the exterior body, driver cabin and passenger compartment of both stage carriages.

19. As already noticed hereinbefore, even before the commencement of Mandala-Makaravilakku festival season of 1199 ME a motor accident has occurred at Attivalavu near Erumeli, involving a contract carriage from Karnataka, in which pilgrims travelling in that vehicle sustained injuries. Despite the statutory mandate and the directions contained in the orders of this Court in SSCR No.20 of 2021 motor vehicles including stage carriages and contract carriages are being used in public place openly flouting the safety standards, which is posing a potential threat to the safety of the passengers and other road users.

20. The learned Special Government Pleader would submit that the Police and the Enforcement Wing of the Motor Vehicles Department are taking earnest efforts to ensure strict compliance of the safety standards and other requirements in the Motor Vehicles Act and the Rules made thereunder, in order to ensure the safety of road users.

21. Having considered the submissions made at the Bar, we deem it appropriate to direct the 4th respondent Transport SSCR No.30 of 2023 24 Commissioner, through the Enforcement Officers in the Motor Vehicles Department, and the 5th respondent State Police Chief, through the District Police Chief of the concerned Districts, to ensure strict compliance of the directions issued by this Court in the order dated 10.01.2022, 26.05.2022, 06.10.2022, 13.04.2023 and 25.08.2023 in SSCR No.20 of 2021. Stringent action shall be taken against the owner/driver of the motor vehicles, including contract carriages and stage carriages used in public place flouting the safety standards, by invoking the provisions under sub-section (4) of Section 182A and sub- section (2) of Section 190 of the Motor Vehicles Act. In addition to the penal consequences, the owner of the vehicle has to be imposed with a fine of Rs.5,000/- per such alteration; i.e, Rs.5,000/- for each after- market multi-coloured LED/laser/neon lights, flashlights, as provided under sub-section (4) of Section 182A of the Motor Vehicles Act, read with S.R.O.No.788/2019 published in the Kerala Gazette Extraordinary No.2577 dated 26.10.2019. Stringent action shall be taken against those driving motor vehicles at excessive speed; in a manner which is dangerous to public; by a drunken person or by a person under the influence of drugs; and for using the motor vehicle in unsafe condition. In appropriate cases, the Licensing Authority shall suspend/revoke the driving licence of the driver of the offending vehicle or disqualify him from holding a driving licence, in accordance with the procedure contemplated in the Motor Vehicles Act and the Rules made thereunder. SSCR No.30 of 2023 25

List for further consideration on 27.10.2023.

Sd/-

ANIL K. NARENDRAN, JUDGE Sd/-

                                                 SOPHY THOMAS, JUDGE


       Dxy




19-10-2023                    /True Copy/                       Assistant Registrar

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