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S. MANIKUMAR, SHAJI P. CHALY
Manoj Padmanabhan – Appellant
Versus
State Of Kerala Represented By The Chief Secretary – Respondent
JUDGMENT :
S. Manikumar, J.
Writ Petition is filed to quash Ext.P3, notification, which is reproduced:
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, 19
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....
The main legal point established in the judgment is the requirement for officers of the Motor Vehicles Department to strictly adhere to the prescribed uniform under Rule 406 of the Kerala Motor Vehic....
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Unauthorized modifications to vehicles violate safety standards under the Motor Vehicles Act, posing risks to public safety, necessitating strict enforcement of compliance measures.
Point of Law : If there is any obstruction to the discharge of duties by Enforcement Officers in the Motor Vehicles Department, while conducting inspection in contract carriages and other transport v....
vehicles in public place, flouting the standards in relation to road safety, is likely to endanger the safety of the passengers of such vehicles and also other road users.
The competence of the Central Government to issue notifications under Section 88 of the MV Act for tourist vehicles and the competence of the State Government to lay down rules for the uniform to be ....
Judicial officers must comply with ethical standards in public behavior and avoid privileges that compromise public trust.
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