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2021 Supreme(Mad) 3105

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N.KIRUBAKARAN, B.PUGALENDHI, JJ.
V.Ramesh - Petitioner
Vs.
The Vice Chancellor Dr. Ambedkar Law University DGS, Dinakaran Salai Raja Annamalaipuram Chennai - Respondents
W.P.(MD).No.15931 of 2020
Decided On : 19-08-2021

Advocates:
Advocate Appeared:
For the Petitioner: Mr.M.Sarangan
For the Respondents: Mr. Suresh Babu, Mr. K.K.Mahes Raja, Mr. Durai Pandian Somasundaram, Mr. Mohanakrishnan

Headnote:

Constitution of India, 1950 – Motor Vehicle Act, 1989 - Section 177 - Vehicles having party flags, portraits of leaders, advocate and press stickers are said to be involved in criminal activities - Purpose of having party flags or designation boards or portraits of party/communal leaders or advocate/press stickers is only to keep away police from stopping vehicle even in case of violation of road rules - This menace has to be addressed failing which criminal activities will continue to be committed by above modus operandi - Seeking a writ of mandamus directing respondents to install Highways properly and maintain same and remove unauthorized LED lights, coloring lights put up in all vehicles, including heavy transport vehicles – Held, no one has got any right to flout law or to commit excesses which are not sanctioned by law - Act of having flags or designation boards or portraits of party/communal leaders or advocate/press stickers is to show that they are privileged sections of society and to flout law Section 177 of MV Act 1989 indirectly prohibits use of stickers of any kind on any part of vehicle - Vehicles with party flags or designation boards or portraits of party/communal leaders or advocate/press stickers are generally flouting traffic rules and they do not even respect signals of policeman - It is only in case of emergency, ambulance and fire vehicles are allowed to go fast even if there is red signal to save precious lives and to avoid damage to properties and not any other vehicles - No vehicles can violate traffic signals which are functioning to regulate traffic to avoid accidents and for smooth movement of vehicles - It is duty of every vehicle owner/driver to follow traffic rules and no one can violate traffic rules taking advantage of their political or social status - Writ Petition disposed of.

ORDER :

Mr. N.KIRUBAKARAN.J.,

The speeding car did not stop inspite of the signal from the police to stop the vehicle. The police chased the car in which an advocate sticker was pasted. Finally, the car was blocked. The search made by the police yielded heavy quantity of Ganja and one of the revenue officials was also seated in the vehicle. It happened two to three years ago in Theni. That is how the vehicles having party flags, portraits of leaders, advocate and press stickers are said to be involved in criminal activities. The purpose of having party flags or designation boards or portraits of party/communal leaders or advocate/press stickers is only to keep away the police from stopping the vehicle even in case of violation of road rules. It has become an order of the day in Tamil Nadu that almost 50% of the vehicles either have party flags or designation boards or portraits of party/communal leaders or advocate/press stickers. This menace has to be addressed failing which the criminal activities will continue to be committed by the above modus operandi.

2. This case has been filed as a Public Interest Litigation at the right time seeking a writ of mandamus directing the respondents to install the Highways properly and maintain the same and remove the unauthorized LED lights, coloring lights put up in all vehicles, including heavy transport vehicles. Since this matter relates to disciplining the motor vehicle owners, this Court has taken this opportunity and has tried to dealt with the issues raised in the first paragraph.

3. It is the specific case of the petitioner that high mast lights have to be erected in the National Highways and he had specifically stated that the high mast lights put up at Melur, Madurai and Melur to Trichy Highways are not properly maintained. It is the duty of the concerned authorities including the National Highway Authorities to erect high mast lights in the National Highways and maintain it properly. The vehicle population has got increased over the years resulting in increase in traffic at National Highways. Due to technical advancement, vehicles are moving round the clock for various reasons and therefore, to avoid an untoward incident like accident, it is the responsibility of the authorities especially the National Highways authorities to have high mast lights erected so that the roads will be properly lit.

4. Many accidents are occurring inspite of four way roads compared to the time when only single road was in use. Since four way lanes have been laid, it is very difficult for humans and animals to cross the intersection and many accidents are reported at the intersections as the vehicles which are coming at high speed are unable to see the intersections. Though it is stated in paragraph 7 of the affidavit filed by the 7th respondent that Zebra Crossing and sign boards are erected at the intersections, more accidents continue to occur at intersections even today. Therefore, appropriate measures such as blinkers, barricades and high mast lights should be placed at intersections to warn the drivers to control the speed of the vehicles. It is a fact that more than 60% of the accidents occur because of the speeding vehicles. When that is the position, more precautions have to be taken and the intersections should be illuminated by placing high mast lights and blinkers. Even though blinkers are placed at the intersections, more barricades have to be placed to reduce the speed of the vehicles.

5. The petitioner contends that the vehicles either two wheelers or three wheelers or four wheelers are having more LED lights or coloured lights in the front side of the vehicle beaming brightly causing nuisance to the vehicles coming in the opposite direction. The use of high beam lights make the drivers coming in the opposite direction to lose control over the vehicle because of the heavy light affecting their eyes, ultimately resulting in accidents. Therefore the said issue has to be addressed by directing

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