The specific power to prohibit traffic is granted to the State Government or authorized persons under Section 115 of the Motor Vehicles Act, and the Panchayat lacked the authority to regulate traffic on the road under Section 170 of the Kerala Panchayat Raj Act.

JUDGMENT :

The petitioners in these writ petitions are challenging the action of the Grama Panchayat in prohibiting transport of heavy vehicles through the Maduraparampu-Chempilavu road, in purported exercise of the power conferred under Section 170 of the Kerala Panchayat Raj Act, 1994 (hereinafter referred to as the Act). Since the issues raised are similar, the writ petitions are disposed of by this common judgment.

2. The petitioner in W.P.(C)No.7138 of 2021 has been conducting a metal crusher unit from 2003. It is submitted that after the general elections to the Kerala Legislative Assembly was held in 2020, objections were placed before the Panchayat committee regarding heavy vehicular traffic in the road mentioned above. On 10.3.2021, the Panchayat issued Ext.P5 notice to the petitioner in W.P.(C)No.7138 of 2021 pointing out that a notice board prohibiting heavy vehicular traffic in the Road has been placed in the road, and, directing him to stop plying such vehicles in the Road and to report compliance of the same to the Panchayat, failing which action will be taken against him. Ext.P10 is the resolution dated 15.2.2021 passed by the Panchayat based on which Ext.P5 is issued.

3. The petitioner in W.P.(C)No.10541 of 2021 has been conducting a concrete bricks manufacturing unit from 2009. He is also aggrieved by the above said decision of the Panchayat. Ext.P5 produced in the writ petition is the resolution dated 15.2.2021 of the Panchayat.

4. Heard the Counsel for the petitioners and the counsel for the respondents. For convenience, reference to exhibits is as they are marked in W.P.(C)No.7138 of 2021.

5. The main contention of the counsel for the petitioners is that Section 170 of the Kerala Panchayat Raj Act does not authorise the Panchayats to regulate the traffic on the road and the said power is available under Section 115 of the Motor Vehicles Act, 1988 (hereinafter referred to as MV Act). It is hence submitted that Ext.P10 resolution is without any authority in law. Section 170 of the Act reads as follows:

“S.170. Panchayats to maintain the roads properly. -

(1) It shall be the duty of the Panchayat to maintain properly, the roads vested in it and to prevent encroachment on it.

(2) The Village Panchayat shall keep all public roads and important public paths in its area free from garbage, sewage and other waste materials and shall protect such roads and public paths from encroachment.

(3) The Village Panchayat may in such manner as it may deem fit, dispose of all garbage, sewage and other waste materials collected by it while cleaning public roads, public paths and drains”.

6. A reading of the section will show that it contemplates maintenance of the roads vested in the panchayat and keeping it free from garbage, sewerage and other waste materials and to protect the roads and public paths from encroachment. Chapter VIII of the MV Act deals specifically with control of traffic. Section 115 provides for prohibition of plying of certain type of vehicles.

Section 115 of the MV Act is extracted below for reference:

“S.115. Power to restrict the use of vehicles-The State Government or any authority authorised in this behalf by the State Government, if satisfied that it is necessary in the interest of public safety or convenience, or because of the nature of any road or bridge, may by notification in the Official Gazette, prohibit or restrict, subject to such exceptions and conditions as may be specified in the notification, the driving of motor vehicles or of any specified class or description of motor vehicles or the use of trailers either generally in a specified area or on a specified road and when any such prohibition or restriction is imposed, shall cause appropriate traffic signs to be placed or erected under section 116 at suitable places : Provided that where any prohibition or restriction under this section is to remain in force for not more than one month, notification thereof in the Official Gazette shall not be necessa