IMPORTANT POINTS
The Secretary to the Government, Transport Department, Government of Kerala, has issued orders periodically, extending the time for compliance, for the installation of VLTDs in the vehicles, mentioned in G.O. (P) No. 41/2019/Tran dated 28.11.2019 and even appointed nodal officers for implementing installation of VLTDs

JUDGMENT :

S. MANIKUMAR, J.

1. W.P. (C) No. 20500 of 2020 is filed for the following reliefs:

(i) To issue writ, order or direction in the nature of mandamus or any other appropriate writ directing the respondents to implement strictly and in its full spirit, the provisions of Exhibit- P3 notification dated 28.11.2019 with regard to the fitting of Vehicle Tracking System and emergency buttons in public transport vehicles, in the interest of justice.

(ii) To direct the 3rd respondent - The Transport Commissioner, Trivandrum, or its subordinate officers to have strict checking in the matter with regard to the implementation of Exhibit-P3 notification dated 28.11.2019 and not to grant any exemption to any category of vehicle, as it would go against the scheme and objective of the scheme.

2. W.P. (C) No. 20768 of 2020 is filed for the following reliefs:

(i) Issue a writ of mandamus or other appropriate writ or order commanding respondents 2, 3 and 4 viz. State of Kerala represented by the Principal Secretary to the Government, the Transport Commissioner and the Regional Transport Commissioner, Thiruvananthapuram, to strictly enforce Section 136A of Motor Vehicles Act, 1988 and Rule 151A of Kerala Motor Vehicles Rules, 1989 to be equipped and fitted with Vehicle Location Tracking Device in all motor vehicles.

(ii) Direct respondents 2 to 4 not to allow any vehicles within the State, which is not equipped and fitted with vehicle location tracking devices.

(iii) Direct the respondents not to issue or renew fitness certificates to any vehicles in the State, which are not equipped or fitted with VLT devices and emergency buttons.

3. As both the writ petitions are filed for strict implementation of Vehicle Location Tracking Devices (VLTDs) in the motor vehicles, they are taken up together and disposed of by a common judgment.

4. Facts leading to the filing of W.P. (C) No. 20500 of 2020 are that the petitioner claims to be an Advisory Committee member of RAF (Road Accident Forum), for the State of Kerala. He is also a Human Rights Protection activist and was earlier president of Perumani Muslim Jamath Committee. Aggrieved by the non implementation of Government order dated 28.11.2016 and subsequent orders, he has approached this Court.

5. Petitioner has further stated that vide Exhibit-P1 notification dated 28.11.2016, amendment was made in the Central Motor Vehicle Rules, 1989, by incorporating Rule 125H, which mandates installation of VLTD and emergency button. As per the said notification, the statute comes into force with effect from 01.04.2018. Thereafter, through Exhibit-P2 notification dated 25.10.2018, Central Government has exempted all the vehicles from fitting VLTDs and emergency buttons till 31st December, 2018. Power was given to the Government of the State and Union territories to notify the date of compliance of requirement.

6. Petitioner has further stated that in exercise of the powers conferred, State Government has issued Exhibit-P3 notification dated 28.11.2019, making 6 categories of public service vehicles to fix VLTDs and emergency buttons and also prescribed the time period, for each category of vehicles for installing tracking system and emergency buttons. The maximum time period fixed is now over. That being the situation, State Government have issued notification dated 17.02.2020 (Exhibit-P4), wherein again, extension was granted to KSRTC and stage carriages, and the reasons for such extension has been mentioned in the explanatory note.

7. Petitioner has further stated that in the year 2014, the Cabinet Committee on Economic Affairs has approved a scheme for enhancing the security for women in public road transport in the country. The objective of the scheme is to provide safe and secure public transport to the people of the country, particularly women and girl children, in the context of the “Nirbhaya case.” With a vie