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2007 Supreme(Mad) 2774

SUDHANSU JYOTI MUKHOPADHAYA, K.SUGUNA
R. Muthukrishnan & Others – Appellant
Versus
The Secretary to Home Department Government of Tamil Nadu & Others – Respondent


For the Petitioners:R. Muthukrishnan, J.S.N. Nimmu Vasanth, M. Gnanasekar, Advocates. For the Respondents: K. Elango, Spl. G.P.

Judgment :-

S.J. Mukhopadhaya, J.

In all these writ petitions as common order is under challenge and common question of law involved, they were heard together and disposed of by this common judgment.

2. The petitioners have challenged G.O. Ms. No.292 dated 22nd Feb., 2007, issued from Home (Tr. V) Department, Government of Tamil Nadu, Chennai. By the said order, giving reference to Section 129 of the Motor Vehicles Act, 1988 (hereinafter referred to as MV Act), wearing of headgear (helmets) have been made compulsory for drivers and pillion riders of all two wheelers.

3. Mr. R. Muthukrishnan, advocate of this Court, who is the petitioner in W.P. No.18708/07, made the following submissions :-

a) The impugned order is arbitrary, patently illegal and unconstitutional, being in derogation of Article 19 (1) (d) of the Constitution of India as it restricts the freedom of movement of two wheeler riders and pillion riders.

b) The said order infringes the personal liberty protected under Article 21 of the Constitution of India.

c) The order being misconceived, it is impracticable for implementation of such order.

Further, according to the petitioner, there are about 1.5 Crores of citizens l



















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