R.John, S/O.Rajarethinam, v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) Nos.5195, 5196 and 21969 of 2019 R.John ... Petitioner /vs./ 1.The State of Tamil Nadu, represented by its Home Secretary, Home (Tr.VII) Department, Fort St.George, Chennai.

2.The Regional Transport Authority, (Collectorate), Nagercoil, Kanyakumari District.

3.The Regional Transport Officer, Marthandam, Kanyakumari District.

4.The Inspector of Police(Traffic), Padmanabhapuram Police Station, Thuckalay, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records pertaining to the impugned Government Order in G.O.Ms.No.849, Home (Tr.VII) Department dated 13.12.2011 and quash the same as illegal. For Petitioner : Mr.A.C.ASAITHAMBI, Advocate For Respondents : Mr.S.SHAJI BINO Special Government Pleader

ORDER

After hearing the learned counsel for the petitioner, it is noticed that the issue has been discussed at length by the learned single Judge of this Court in W.P.(MD) No.2662 of 2015, vide order dated 23.11.2018. A portion of the aforesaid order reads as under:- "2.The grievance of the petitioner is only in respect of serial No.30 annexed to the said G.O incorporating Section 1/3

192-A(1) of the Motor Vehicles Act, 1988. The petitioner does not question the said Government Order in other aspects. His challenge is confined to Serial No.30 contained in the annexure to the impugned G.O Ms.No.849 dated 13.12.2011. 3.The submission of the learned counsel appearing for the petitioner is that Section 200 of the Motor Vehicles Act, 1988 enables composition of the offences mentioned in the 200 (1). Section 200(1) of the Act reads as follows : "Any offence whether committed before or after the commencement of this Act punishable under section 177, section 178, section 179, section 180, section 181, section 182, subsection (1) or subsection (2) of section 183, section 184, section 186, 8[section 189, sub-section (2) of section 190,] section 191, section 192, section 194, section 196, or section 198, may either before or after the institution of the prosecution, be compounded by such officers or authorities and for such amount as the State Government may, by notification in the Official Gazette, specify in this behalf."

4.Invoking the said power under Section 200(1) of the Motor Vehicles Act, 1988, the impugned Government Order has been issued. But, interestingly, Section 200(1) of the Act does not include the offences under Section 192 A of the Motor Vehicles Act, 1988. Therefore, it is obvious that the Government could not have authorized the traffic police not below the rank of the Sub Inspector of Police to levy spot fine even in respect of the offence under Section 192 A of the Act. Such an authorisation is clearly without the authority of law. Unless Section 200(1) is amended to include Section 192 A of the Act such an authorisation could not have been given.

5.The counter affidavit filed on behalf of the Government does not deal with this contention at all. A feeble submission was made that the writ petition deserves to be dismissed since the challenge has been mounted after a gap of three years. The said Government Order was issued in December 2011 whereas the writ petition was filed only in February, 2015. When the validity of the Government Order or statute is questioned, laches can never be a reply or defence. The authority of the government to issue the G.O in question in respect of the offence under Section 192 A has been raised. There is no answer. Therefore, the order impugned in this writ petition is set aside insofar as Serial No.30 in the annexure including Section 192-A(1) is concerned. In all other respects, the impugned G.O is sustained. 2/3

6.This writ petition is allowed accordingly. No costs. Consequently, connected miscellaneous petitions are closed." 2.In view of the above, I am inclined to follow the reason that has been given by the learned single Judge of this Court in W.P.(MD) No.2662 of 2015, vide order dated 23.11.2018. Accordingly, the writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (A.E) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The Home Secretary, Home (Tr.VII) Department, Fort St.George, Chennai.

2.The Regional Transport Authority, (Collectorate), Nagercoil, Kanyakumari District.

3.The Regional Transport Officer, Marthandam, Kanyakumari District.

4.The Inspector of Police(Traffic), Padmanabhapuram Police Station, Thuckalay, Kanyakumari District.

+1CC to Spl.Government Pleader SR.No.7100 W.P.(MD)No.6503 of 2019 17.02.2022 SA (01.03.2022) 3P 6c 3/3