SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(Mad) 3163

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N.KIRUBAKARAN, B.PUGALENDHI, JJ.
V.Ramesh - Petitioner - Appellant
Vs.
The Vice Chancellor Dr. Ambedkar Law University DGS, Dinakaran Salai Raja Annamalaipuram Chennai – 600 028 - Respondent
W.P.(MD).No.15931 of 2020
Decided On : 19-08-2021

Advocates:
Advocate Appeared:
For the Appellant : Mr.M.Sarangan
For the Respondents: Mr. Suresh Babu (For Bar Council of India) Mr. K.K.Mahes Raja, Mr. Durai Pandian Somasundaram and Mr. Mohanakrishnan

Headnote:

Constitution of India,1950 - Article 226 - MV Act 1989 - Section 177 - Misusing the - Advocate stickers - Whether vehicle owners are permitted to have halogen lights Chinese lights and high beam lights in their vehicles - Whether motor vehicle owners can have Flags in their cars and names of Political Parties to which they belong, being pasted on glasses - Whether the vehicle owners are entitled to have tinted glasses - Whether vehicle owners can display photographs or portraits of political leaders in their cars - Whether vehicle owners are entitled to have boards in their cars according to their whims and fancies -What is permitted size and number of lights in each of vehicle two wheelers autos four wheelers and other vehicles -Whether number board of vehicles could be changed as per the wishes of owners – Held, Court raised query with regard to entitlement of owners to have number plate according to their choice - Motor Vehicle Rules permits owners to have number boards in particular size and number should also be in prescribed sizes - Numbers are written either in a zig zag manner or in different sizes and colours contrary to Rules- It will lead to a confusion to public and sometimes some letters are written very small and in case of any accident or misbehavior of drivers or disobedience of police command or violation of road rules it is very difficult for public as well as police to find out number of vehicle and register a case - Court can understand the necessity of having flags at the time of elections - In normal circumstances, there is no necessity for vehicle owners/users to fix/have either party flags or designation boards or portraits of party/communal leaders - Court also raised queries with regard to the rights of the owners of the vehicles to have tinted glasses - Writ Petition disposed of.

ORDER :

N.KIRUBAKARAN. J.

PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the Respondent Nos. 1 to 3 to take necessary steps to prevent the students misusing the Advocate stickers and further directing the respondent Nos. 4 to 6 to register the case against the person who are all misusing the Advocate sticker by way of sticking Advocate stickers in their vehicles, based on the petitioner's representation dated 14.10.2020.

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 ei

          Click Here to Read the rest of this document
          1
          2
          3
          4
          5
          6
          7
          8
          9
          10
          11
          SupremeToday Portrait Ad
          supreme today icon
          logo-black

          An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

          Please visit our Training & Support
          Center or Contact Us for assistance

          qr

          Scan Me!

          India’s Legal research and Law Firm App, Download now!

          For Daily Legal Updates, Join us on :

          whatsapp-icon Back to top