The subsequent amendments to the Central Motor Vehicles Rules, 1989, and the government orders/circulars regulating the use of flags, insignia, and name boards in motor vehicles rendered the issuance of certiorari or mandamus unnecessary.

JUDGMENT :

S. Manikumar, J.

Writ Petition is filed to quash Ext.P3, notification, which is reproduced:

“GOVERNMENT OF KERALA

Transport (B) Department

NOTIFICATION

G.O.(P)No. 41/2014/Tran.

Dated, Thiruvananthapuram, 7th June, 2014,

24th Idavam, 1189

S. R. O. No. 361/2014.—WHEREAS, in exercise of the powers conferred by clause (iii) of the proviso to sub-rule (1) of rule 108 and sub-rules (2), (3) and (4) of the said rule of the Central Motor Vehicles Rules, 1989, the Government of Kerala, vide notification issued under G. O. (P) No. 28/2014/Tran. dated 19th March, 2014 and published as S. R. O. No. 209/2014 in the Kerala Gazette Extraordinary No. 918 dated 20th March, 2014, have specified the vehicles carrying, high dignitaries on which red, blue or multi coloured lights shall be used;

AND WHEREAS, the Government have decided to specify more high dignitaries to be included in Schedule III of the said notification permitting them to use blue light with flasher while on duty anywhere in the State;

Now, THEREFORE, in exercise of the powers conferred under clause (iii) of the proviso to sub-rule (1) of rule 108 and sub-rules (2), (3) and (4) of the said rule of the Central Motor Vehicles Rules, 1989, the Government of Kerala hereby specify that the vehicles carrying the high dignitaries specified in Schedule III below are permitted to use blue light with flasher and consequently make the following amendment to the notification issued under G. O. (P) No. 28/2014/Tran. dated the 19th March, 2014 and published as S. R. O. No. 209/2014 in the Kerala Gazette Extraordinary No. 918 dated the 20th March, 2014, namely:--

AMENDMENT

In the said notification for Schedule III, the following schedule shall be substituted, namely:—

"SCHEDULE III

1. The Members of the Kerala Public Service Commission.

2. The Members of the Kerala State Planning Board.

3. The Secretaries to Government of Kerala.

4. The District Judges.

5. The District Collectors.

6. The Vice Chairmen, NORKA Roots.

7. The Police Officers of and above the rank of District Police Chief.

8. The Transport Commissioner.

9. The Police vehicles used as escorts or pilots."

By order of the Governor,

DR. V. M. GOPALA MENON,

Secretary to Government.

Explanatory Note

(This does not form part of the notification, but is intended to indicate its general purport.)

Rule 108 of the Central Motor Vehicles Rules, 1989 empowers the State Government to specify the high dignitaries for the purpose of the rule and to specify the motor vehicles on which red, blue and multi coloured lights shall be fitted. Government have issued a notification under the said rule and published it as S.R.O. No. 209/14. Now, the Government have decided to include more dignitaries in the Schedule III of the said notification. For this purpose, the said notification is to be amended.

The notification is intended to achieve the above object.”

2. Petitioner has also sought for a mandamus directing the Chief Secretary to the Government, Government of Kerala, Thiruvananthapuram to prohibit the use of flags and similar insignia by IAS, IFS and such other public officials in their cars that violates Article 18 of the Constitution except those permitted by law for the uniformed personnel.

3. Petitioner has also sought for a direction to the Secretary, Transport Department and Transport Commissioner, Government of Kerala/respondents 2 and 3 respectively, to strictly regulate the use of boards on cars such that does not cover registration/number plates and it is not used extensively in order to secure a privilege while on roads.

4. On this day, when the matter came up for further hearing, Mr.Surin George Ipe, learned Senior Government Pleader submitted that Rule 108 of the Central Motor Vehicles Rules, 1989, underwent amendment to the effect that beacon lights cannot be used by dignitaries as permitted earlier. For brevity, amended Rule 108 of the Central Motor Vehicles Rules is reproduced:

“108. Use of red, white or blue light.— (1) No motor vehicle shall show a red l