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2021 Supreme(Ker) 1001

S.MANIKUMAR, SHAJI P.CHALY
P. A. Janish, S/o. Abdul Khader – Appellant
Versus
State of Kerala, represented by Secretary to Government, Transport Department, Government Secretariat – Respondent


ORDER :

S. Manikumar, J.

This public interest litigation is filed for a direction of this court for interdicting the officers of the Motor Vehicles Department under the 3rd respondent from wearing 'blue beret caps' and badges embossed with the Ashoka Emblem or any other uniform deceptively similar to the uniform prescribed for Senior Police Officers under Section 43 of the Kerala Police Act, 2011 and in violation of the directive issued by State Police Chief.

2. Pursuant to the direction of this court dated 24th August 2021, Mr. Tek Chand, learned Senior Government Pleader has received instructions. He invited the attention of this court to the instructions dated 27.8.2021 furnished by the Transport Commissioner, Thiruvanananthapuram to the office of the Advocate General, Kerala, Ernakulam wherein, it is stated that as per Sub Section (3) of Section 213 of the Motor Vehicles Act, 1988, “the State Government may make rules to regulate the discharge by officers of the Motor Vehicles Department of their functions and in particular and without prejudice to the generality of the foregoing power to prescribe the uniform to be worn by them, the authorities to which they shall be subordinate,

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