IMPORTANT POINTS
Offences like driving at a speed exceeding the specified limit; carrying overload in goods carriages; driving vehicles under the influence of drinks and drugs; using mobile phone while driving a vehicle; etc. are detected, the duly authorised police officers and the officers of the Motor Vehicles Department shall forthwith forward the driving licence of the driver of the vehicle to the Licensing Authority, for initiating proceedings under sub-section (1) of Section 19 of the Motor Vehicles Act.

JUDGMENT :

The petitioners, who are owners of goods carriages and also the President and Secretary respectively of All Kerala Truck Owners Association, have filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 to 4 to take steps to strictly implement Ext.P1 directions issued on 18.08.2015 by the Supreme Court Committee on Road Safety. The petitioners have also sought for a writ of mandamus commanding the respondents to consider Ext.P2 representation dated 08.08.2018 made before the 2nd respondent Transport Commissioner and take necessary action against goods carriages carrying overload, as per the provisions under the Motor Vehicles Act, 1988 and the Central Motor Vehicles Rules, 1989.

2. The grievance of the petitioners is against plying of goods carriages with national permit throughout Kerala, without valid permits and carrying overload, in violation of the provisions of the Motor Vehicles Act and the Central Motor Vehicles Rules. Though most of the inter-state goods carriages are carrying overload, the officials of the Police Department and the Motor Vehicles Department in the State are not taking any measures to prevent such illegal operation. Seeking strict implementation of Ext.P1 directions issued on 18.08.2015 by the Supreme Court Committee on Road Safety, the All Kerala Truck Owners Association moved Ext.P2 representation dated 08.08.2018 before the 2nd respondent Transport Commissioner.

3. On 5.12.2018, when this writ petition came up for admission, the learned Special Government Pleader, on instructions from the 2nd respondent Transport Commissioner, submitted that quarterly reports are being submitted before the Supreme Court Committee on Road Safety regarding implementation of the directions contained in Ext.P1. The learned Special Government Pleader sought time to file the statement of the 2nd respondent.

4. A counter affidavit has been filed on behalf of the 2nd respondent Transport Commissioner, wherein it has been stated that both goods carriages registered within the State as well as those registered outside the State are being checked by the officials of the Motor Vehicles Department. If any offence is detected, either fine is imposed or licence is forwarded to the competent authority for suspension. The directions issued by the Supreme Court Committee on Road Safety in Ext.P1 are being implemented and quarterly reports showing effective implementation are being forwarded. The quarterly reports for the quarter ending 31.03.2018 onwards are produced along with the counter affidavit as Exts.R2(a) to R2(e). For the period from 01.01.2018 to 31.03.2019, the total number of overloading of goods vehicles detected was 1590, out of which, in 676 cases the driving licence was forwarded to the competent authority for suspension. The details furnished in paragraph 3 of the counter affidavit reads thus;

“Reports on overloading in goods carriages from 01.01.2018 to 31.03.2019”

Period Total number of violation detected Total number of driving licenses forwarded to the competent authority for suspension

5. In the counter affidavit, it has also been stated that inter-state vehicles are being checked in the Check Posts of the Motor Vehicles Department and check reports are being prepared in cases in which overloading is detected. Such vehicles are permitted to move only after unloading the excess load. If goods vehicles having national permits are found conducting intra-state operations, such vehicles are booked for intra-state operations and proportionate tax is being collected. If such vehicles are found overloaded, check reports are