Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2006 Supreme(Mad) 2323

Before the Madurai Bench of Madras High Court
THE HONOURABLE MR. JUSTICE P.K. MISRA & THE HONOURABLE MR. JUSTICE K. VENKATARAMAN
The Registrar (Administration) Madurai Bench of the Madras High Court, Madurai
Versus
The State of Tamil Nadu, rep. by its Secretary to Govt., Home Department, Fort St. George, Chennai & Others
W.P.(MD) No.7169 of 2006
Decided On :Decided on : 07-09-2006

Advocates Appeared:
For the Petitioner: K. Srinivasan, R.S. Ramanathan, S. Muthukrishnan, K. Govindarajan, (All Amicus curiae).
For the Respondents: R. Janakiramulu, Special Govt. Pleader.

The main legal point established in the judgment is the prohibition of transporting passengers in goods vehicles without a permit and the need for strict enforcement of the law to prevent such violations.

Headnote:
Transportation - Motor Vehicles Act, 1988 - Section 2(35), Section 2(47), Section 2(14), Section 66(1), Section 77, Section 79, Section 86, Section 192-A, Section 207 - The court discussed various provisions of the Motor Vehicles Act, 1988 including the definitions of public service vehicle, transport vehicle, and goods carriage, the necessity for permits, application for goods carriage permit, penalties for using vehicle without permit, and the power to seize and detain vehicles. The court emphasized the prohibition of transporting passengers in goods vehicles without a permit and the need for strict enforcement of the law to prevent such violations.
Fact of the Case:

The writ petition was registered as a suo motu public interest litigation based on a news item highlighting illegal transportation of passengers in goods carriages. The court issued interim directions and requested advocates to assist in laying down comprehensive guidelines. The court heard the advocates and the Special Government Pleader and discussed various statutory provisions of the Motor Vehicles Act, 1988 relevant to the case.
Finding of the Court:

The court found that despite statutory restrictions, unauthorized transportation of human beings in goods vehicles was on the rise due to the apathetic attitude of law enforcing authorities. The court emphasized the need for strict vigilance, enforcement of statutory provisions, and penal action against violators. The court also directed the Managing Director of the Tamil Nadu State Transport Corporation to provide additional transport facilities on important festival days and other occasions.
Issues: The issues involved the illegal transportation of passengers in goods vehicles, the apathetic attitude of law enforcing authorities, and the need for strict enforcement of statutory provisions.
Ratio Decidendi: The court held that unauthorized transportation of human beings in goods vehicles was a serious issue and directed law enforcing authorities to keep strict vigilance, ensure strict observance of statutory provisions, and take appropriate penal action against violators.
Final Decision: The court issued directions for strict vigilance by law enforcing authorities, strict observance of statutory provisions, penal action against violators, and provision of additional transport facilities on important occasions. The court also urged the law making authority to consider suggestions for amendments to prevent unauthorized transportation of human beings in goods vehicles.

Judgment :-

P.K. Misra, J.

This writ petition has been registered as a suo motu public interest litigation on the basis of a news item which was published in “Daily Thanthi” dated 5.8.2006 highlighting illegal transportation of passengers in goods carriages and the inherent reasons involved in such unauthorised travel. While giving certain interim directions by order dated 18.8.2006, the Division Bench, at that stage, had directed to issue notice to all the respondents. By such order, the 5th and 6th respondents, namely, the Deputy Inspector General of Police, Madurai and the Commissioner of Police, Madurai had been directed to issue necessary directions to their subordinates to take necessary action prohibiting transportation of such passengers in the goods vehicles. The Division Bench had also directed 7th respondent, namely, The Managing Director, Tamil Nadu State Transport Corporation, Madurai Division, to provide for additional transport facilities on important festival days and other marriage days, when the requirement of the public to avail more transport facilities is more than the normal. 5th and 6th respondents were directed to submit their affidavits regarding the action taken and 7th respondent was directed to submit the proposal for providing such facilities as indicated.

2. Subsequently, when the matter was listed before us on 30.8.2006, it was orally stated by the Special Government Pleader appearing for the respondents that the interim directions were being complied with. However, at that stage, we felt the necessity of laying down comprehensive guidelines. For the said purpose, we requested Mr.K. Srinivasan, Mr.R.S. Ramanathan, Mr.S.Muthu Krishnan and Mr.K. Govindarajan, Advocates as Amicus curiae to assist the Court. Such Advocates were requested to analyse the various statutory provisions and also to make suggestions. Accordingly, the matter stood adjourned to to-day and is being disposed of.

3. We have heard the aforesaid Advocates and also Mr.R. Janakiramulu, Special Government Pleader.

4. Since there are several provisions contained in the Motor Vehicles Act, 1988, relevant for the present purpose, it would be more appropriate to give a brief resume of such provisions.

According to Section 2(35) “public service vehicle” means any motor vehicle used or adapted to be used for the carriage of passengers for hire or reward, and includes a maxi-cab, a motor-cab, contract carriage, and stage carriage.

According to Section 2(47) “transport vehicle” means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle.

According to Section 2(14) “goods carriage” means any motor vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods.

Section 2(13) defines “goods” as follows: -

2(13) “goods” includes livestock, and anything (other than equipment ordinarily used with the vehicle) carried by a vehicle except living persons, but does not include luggage or personal effects carried in a motor car or the personal luggage of passengers travelling in the vehicle.

5. From these definitions, it is apparent that a “goods carriage” is also a “transport vehicle”.

6. Section 66 (1) envisages: -

“66. Necessity for permits.- (1) No owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle in any public place whether or not such vehicle is actually carrying any passengers or goods save in accordance with the conditions of a permit granted or countersigned by a Regional or State Transport Authority or any prescribed authority authorising him the use of the vehicle in that place in the manner in which the vehicle is being used:

Provided . . . (omitted as unnecessary)

Provided also that a goods carriage permit shall, subject to any conditions that may be specified in the permit, authorise the holder to use the vehicle for the carr

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