1. The principal grievance made in this Writ Petition under Art.226 of the Constitution, moved in public interest, is that the nature of traffic in the State of Kerala has deteriorated over the years and has now reached alarming proportions on account of the frequent accidents which continue unabated. In the companion petition, O.P. No.1265 of 2001, Ext. P2, gives the statistics of traffic accidents taken from the website of the City Traffic Police. The figures indicate that traffic accidents, including accidents resulting in grievous injuries and deaths, are on the rise. One of the principal cause of the accidents, according to the petitioner, is that stage carriage buses are driven at reckless speed without observing any norms as to the speed limits. Due to the policy of liberalisation adopted in the matter of granting stage carriage permits, the situation has become critical and needs to be controlled immediately.

2. The Original Petition gives statistical data in Para.1 to 3 with regard to the number of accidents occurring on the roads and the rise in the number of fatal accidents. The petitioner has also quoted the report of the Principal Research Officer of National Transportation, Planning and Research Centre (NATPAC) which supports the contention urged. Against the background of these facts, the petitioner urges that action ought to have been taken by the State Government in exercise of its powers under the Motor Vehicles Act to remedy the situation. Since the State has singularly failed to do so, it is necessary for this court to direct the State to take necessary and remedial measures by a writ of mandamus.

3. Under the Motor Vehicles Act, 1939, S.48(3)(xxi) empowers the Regional Transport Authority after giving a notice of not less than one month to vary the conditions of an existing permit or attach further conditions to a permit while granting the permit. In exercise of this power the Regional Transport Authority had made it a condition of the permits granted to the owners of stage carriages running within the city limits of Kochi that they should instal electronic speed regulator devices in all the private stage carriages limiting the speed at 50 Kms. per hour. This condition was challenged before this court by a Writ Petition. By a Judgment in Ernakulam Dist. Private Bus Operators' Association v. Regional Transport Authority (1986 KLT 712) this Court interpreted S.48(3)(xxi) as enabling the Regional Transport Authority to impose such a condition. It was held that under R.369(a) of the Motor Vehicles Rules the Regional Transport Authority was empowered to impose speed limits. The speed limit imposed should be real, effective and capable of proper supervision and control. In order to achieve the above purpose, if the Regional Transport Authority insists that electronic speed regulator devices should be installed in all private stage carriage vehicles, the court was of the view that there was nothing unreasonable or ultra vires in such a decision. The court took notice of the fact that it was the Regional Transport Authority who came to the conclusion that mere physical checking by police and officials of the Road Transport Department could not ensure such effective speed control and that it would be essential to control the speed of the vehicle by means other than mere physical checking. The Regional Transport Authority after considering the various options had decided that installation of the electronic speed regulator device was the most feasible method of effectively checking the menace of overspeeding. In the circumstances the court was of the view that such a direction would promote public good and was conducive to public safety, especially in an overcrowded city like Kochi. Hence, the condition attached to the permit was upheld as valid.

4. The Judgment in Ernakulam District Private Bus Operator's Association's case (supra) was rendered in the year 1986 and considered the then existing state of the