V.Kalavathy, W/O.Venkatesan, v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.03.2017
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.6166 of 2017 and W.M.P.No.6634 of 2017 V.Kalavathy
...Petitioner
Vs.
1. The Secretary, Ministry of Road Transports & Highways, Union of India, New Delhi,
2. The Secretary, Home (Transport)Department, Fort St.George, Chennai - 600 009.
3. The Transport Commissioner, Chepauk, Chennai - 600 005.
4. The Regional Transport Officer, Redhills, Chennai m- 600 052.
.. Respondents.
Petition filed under Article 226 of The Constitution of India, praying for the issuance of a Writ of Mandamus to direct the 4th respondent to grant exemption from fixing a speed governor as per the instructions of the 3rd respondent in Letter No.15257/H3/2016 dated 13.04.2016 in respect of the petitioner's vehicle bearing Registration No.TN 49 Y 4623 - Goods Carriage Vehicle which cannot exceed more than 80 kilometers of speed limit per house and further to direct the 4th respondent to grant the fitness certificate to the petitioner's vehicle For Petitioner ...
Mr.S.Govindraman For Respondents...
Mr.K.Raju, Standing Counsel for R1 ` Mr.Akhil Akbar Ali, Government Advocate for R2 to R4.
O R D E R
The petitioner seeks for a Mandamus to direct the 4th respondent to grant exemption from fixing a speed governor as per the instructions of the 3rd respondent in letter dated 13.04.2016 in respect of the petitioner's vehicle bearing Registration No.TN 49Y 4623.
2. Mr.K.Raju, learned Standing Counsel takes notice for the first respondent and Mr.Akhil Akbar Ali, learned Government Advocate takes notice for respondents 2 to 4. By consent of the parties, the writ petition itself is taken up for final disposal at the admission stage.
3. The petitioner claims to be the owner of the light goods carriage vehicle bearing Registration No.TN 49Y 4623. As per the amended Rule 118 of the Motor Vehicles Rules, the speed governor has to be fitted in every transport vehicle notified by the Central Government in respect of the vehicles manufactured on or after 01.10.2015, having maximum pre-set speed of 80 kilometers per hour. According to the petitioner, the petitioner's vehicle will not achieve or cross more than 80 kilometers per hour and therefore, there is no necessity to fit speed governor in the said vehicle. When the fitness certificate issued to the petitioner vehicle expired on 07.01.
2017 and the petitioner approached the Office of the Regional Transport Officer, Chennai West, for issuance of fresh fitness certificate, it is stated that the petitioner was directed to fit the speed governer in the said vehicle for the purpose of issuing the fitness certificate. Therefore, the petitioner has come out with the present writ petition stating that when the vehicle does not require fitting of such speed governor, as it is not going to exceed the speed limit of 80 kilometer per hour, the respondents are not justified in insisting upon the petitioner to fit in such speed governor.
4. Learned counsel for the petitioner, in support of such contention, relied on the order passed by this Court in similar matter in W.P.No.4569/2015 dated 23.02.2017.
5. A perusal of the said order would show that the petitioner therein was directed to produce the vehicle for examination before the concerned authority for testing and verification and thereafter the said authority was directed to consider the request for grant of exemption from notification dated 15.04.2015.
6. Considering the above stated facts and circumstances, this writ petition is disposed of with a direction to the petitioner to produce the vehicle for examination before the 4th
respondent within a period of seven days from the date of receipt of a copy o this order for testing and verification and on production of such vehicle, the 4th respondent shall test and verify and find out as to whether the vehicle belonging to the petitioner is entitled for exemption from the notification dated 15.04.2015 as clarified by the transport department notification dated 13.04.2016. If the 4th respondent finds that the petitioner vehicle is entitled for such exemption, the same shall be granted accordingly, thereafter. All these exercise shall be done by the 4th respondent within a period of two weeks from the date of production of such vehicle. No costs. Consequently, connected miscellaneous petition is closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar vsi To
1. The Secretary to Government Ministry of Road Transports & Highways, Union of India, New Delhi,
2. The Secretary, to Government Home (Transport) department, Fort St.George, Chennai - 600 009.
3. The Transport Commissioner, Chepauk, Chennai - 600 005.
4. The Regional transport Officer, Redhills, Chennai - 600 052.
+1 cc to M/s.S.Govindaraman Advocate sr 15955 +1 cc to Government Pleader sr 16563 +1 cc to M/s.K.Raju Advocate sr 16072 W.P.No.6166 of 2017 nr(co) aa22/03/2017