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Madras High CourtWP(MD)/21412/2019allowed

Glory Bai v. The State Of Tamilnadu

2020-07-07Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.18090 and 18092 of 2019 Glory Bai ... Petitioner Vs 1.The State of Tamil Nadu Rep., by its Principal Secretary, Home (Tr.VII) Department, Fort St.George, Chennai.

2.The Regional Transport Authority, Nagercoil, Kanyakumari District.

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

4.The Superintendent of Police, Kanyakumari District, At Nagercoil.

5.The Inspector of Police, Marthandam Police Station, Marthandam, Kanyakumari District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorai, to call for the records of the impugned GO Ms No.849 Home (Tr.VII) Department dated 13.02.2011 issued by the 1st respondent and quash the same as illegal within the period stipulated by this Court.

For Petitioner : Mr.V.Karuna For Respondents : Mrs.S.Srimathy Special Government Pleader 1/3

ORDER

Heard the learned counsel on either side.

2.The case on hand is squarely covered by the order dated 23.11.2018 in W.P.(MD)No.2662 of 2015. This Court had held as follows:- "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 Section 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 sub-section (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 2/3

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.

6.This writ petition is allowed accordingly. No costs. Consequently, connected miscellaneous petitions are closed."

3.Inasmuch as the issue raised in this writ petition is covered by the aforesaid order, the present writ petition is also allowed on the same terms. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Principal Secretary, Home (Tr.VII) Department, Fort St.George, Chennai.

2.The Regional Transport Authority, Nagercoil, Kanyakumari District.

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

4.The Superintendent of Police, Kanyakumari District At Nagercoil.

5.The Inspector of Police, Marthandam Police Station, Marthandam, Kanyakumari District.

07.07.2020 SMA/13/07/2020/3P/6C 3/3