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2024 Supreme(Online)(Ker) 85192
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 10TH DAY OF SEPTEMBER 2024/19TH BHADRA, 1946 WP(C) NO. 23146 OF 2022 PETITIONERS:
1 M/s.GEORGE & SONS, 1ST FLOOR, SULTHAN CHAMBERS, PARAMARA ROAD, ERNAKULAM NORTH, KOCHI-682018, REPRESENTED BY MANAGING PARTNER-
M.K. MUHAMMED, AGED 59 YEARS, S/O. KOCHUMOIDEEN, RESIDING AT MEERA MAHAL, MASTER COACHING BOARD ROAD, DESHABHIMANI, KALOOR, ERNAKULAM-682017
2 KRISHNAKUMAR R., S/O. RAMAVARMA KANNANKULATHU'VIPANJIKA', KANNAN THRIKKOVIL, KANNAMKULANGARA, THRIPUNITHURA, KOCHI-682301 BY ADVS.
D.KISHORE LAKSHMI RAMADAS MEERA GOPINATH P.RAVINDRAN (SR.)(R-341)
RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD TRANSPORT & HIGHWAYS, TRANSPORT BHAVAN, PARLIAMENT STREET, NEW DELHI-110001.
2 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF TRANSPORTATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001
3 THE STATE POLICE CHIEF, POLICE HEAD QUARTERS, VAZHUTHACADU, THIRUVANANTHAPURAM-695 014
4 THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, 2ND FLOOR, TRANS TOWERS, VAZHUTHACADU, THYCADU POST, THIRUVANANTHAPURAM-695014
5 THE ASSISTANT MOTOR VEHICLES INSPECTOR, SUB REGIONAL TRANSPORT OFFICE, MATTANCHERRY, THOPPUMPADY P.O., KOCHI, KERALA - 682 005 BY ADVS.
SMT.MINI GOPINATH, CGC SRI.K.S.PRENJITH KUMAR SRI.K.M.FAIZAL, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.03.2024, ALONG WITH WP(C).28289/2022, THE COURT ON
10.09.2024 DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 10TH DAY OF SEPTEMBER 2024/19TH BHADRA, 1946 WP(C) NO. 28289 OF 2022 PETITIONERS:
1 ABDUL SATHAR, AGED 48 YEARS S/O. IBRAHIM, PROPRIETOR, ACCORD CAR PALACE, CITY CENTRE, COLLEGE JUNCTION, KAYAMKULAM, ALAPPUZHA-690502, RESIDING AT 'SATHAR MANZIL', ALUMKADAVU P.O., KARUNAGAPPALLY, KOLLAM-690573.
2 MUHAMMED ZIYA T., AGED 41 YEARS, S/O. THAHAKUTTY. U, PROPRIETOR, RANY'S GROUP, NEAR MSM COLLEGE, KAYAMKULAM, ALAPPUZHA-690502, RESIDING AT 'ZIYA MANZIL', RC CHURCH ROAD, KAYAMKULAM, ALAPPUZHA-690502.
3 SREEKUMAR C.K., AGED 40 YEARS, S/O. KUMAR, PROPRIETOR, SHADOW SIJO MEDIA, NEAR MSM COLLEGE, KAYAMKULAM, ALAPPUZHA-690502 RESIDING AT CHERUPPAKKATTUKUDY, EDATHALA P.O., ALUVA, ALUVA EAST, ERNAKULAM-683561 BY ADVS.
D.KISHORE MEERA GOPINATH RESPONDENTS:
1 UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD TRANSPORT & HIGHWAYS, TRANSPORT BHAVAN, PARLIAMENT STREET, NEW DELHI-110001.
2 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF TRANSPORTATION GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
3 THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, 2ND FLOOR, TRANS TOWERS, VAZHUTHACADU, THYCADU POST, THIRUVANANTHAPURAM-695014.
4 THE REGIONAL TRANSPORT OFFICER, ENFORCEMENT CONTROL ROOM, I-FLOOR, BSNL BUILDING, KACHERI JUNCTION, AMBALAPUZHA, ALAPPUZHA-688561.
BY ADVS.
SRI.B.RAMACHANDRAN, CGC SMT.M.SHAJNA SRI.K.M.FAIZAL, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2024, ALONG WITH WP(C).23146/2022, THE COURT 10.09.2024 DELIVERED THE FOLLOWING:
CR N. NAGARESH, J.
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W.P.(C) No.23146 and 28289 of 2022 `````````````````````````````````````````````````````````````
Dated this the 10th day of September, 2024
State authorities cannot penalize vehicle owners for using Safety Glazing that complies with specified standards, allowing flexibility in compliance measures post-manufacture.
Headnote:(A) Central Motor Vehicles Rules, 1989 - Rule 100 - Safety Glazing and Visual Light Transmission (VLT) - The court clarified the legitimacy of penalizing vehicle owners using Safety Glazing conforming to IS 2553 (Part 2) (First Revision): 2019 for VLT - Owners may maintain compliance through materials applied post-manufacturing, provided standards are met. (Paras 1-33)
(B) Judicial Interpretation - The court emphasized that amendments permit the use of Safety Glazing, distinct from previous prohibitions on tinted films, thereby ensuring individual rights against unfounded penalization by authorities. (Paras 17, 33)
Facts of the case:
Petitioners challenged penalties imposed for allegedly non-compliant visual transmission on vehicle windows, insisting their products met all regulatory standards and sought judicial intervention to address misuse of authority.
Findings of Court:
The court ruled that penalties against vehicle owners maintaining compliant Safety Glazing are illegal and unsustainable, reaffirming the legality of post-manufacturing installations complying with specified standards.
Issues: Whether state authorities can penalize vehicle owners for using Safety Glazing conforming to specified standards despite recent amendments.
Ratio Decidendi: The court reasoned that new amendments permit Safety Glazing under specified conditions, invalidating punitive actions against compliant vehicle owners for unauthorized compliance measures.
Result: Writ petitions allowed, penalties quashed.
J U D G M E N T
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The question arising for consideration in these writ petitions is as to whether the State Government in the Departments of Police or Motor Vehicles are legally authorised to penalise owners of motor vehicles who are maintaining the “Standards of Visual Transmission of Light (VLT)” as specified under Rule 100 of the Central Motor Vehicles Rules, 1989 ('CMV Rules', for short) as amended with effect from 01.04.2021, by using “Safety Glazing” conforming to the standards stipulated under the Indian Standard; IS.2553 (Part 2) (First Revision); 2019.
2. In W.P.(C) No.23146/2022, the 1st petitioner is a Partnership Firm. The 1st petitioner is the sole distributor for the State of Kerala for products manufactured by M/s.Garware Hi-Tech Films Limited, Aurangabad, Maharashtra. The 2nd petitioner is a citizen who was imposed with a fine of ₹250/- as per Ext.P8 challan issued by the 5th respondent-AMVI, alleging non-compliance of the standards of VLT for the wind screen or window glasses of his vehicle (motor car) bearing registration No.KL-39M-7002.
3. The petitioners in W.P.(C) No.28289 of 2022 are aggrieved by the action of the Regional Transport Officer in issuing notices threatening cancellation of their registration on the ground that their shops are selling vehicle accessories and affixing sun films in motor vehicles causing alteration, in violation of Sections 52 and 182A(4) of the Motor Vehicles Act, 1988 .
4. Rule 100 of the CMV Rules as it stood prior to substitution effected from 01.04.2021 as per Ext.P4 Notification, was as follows:
“100.Safety glass:
(1) The windscreen and window glass of every motor vehicle including agriculture tractor fitted with cabin, construction equipment vehicle fitted with cabin and combine harvester shall be made of safety glass or safety glazing material:
Provided that in L5 category vehicles (three wheelers) and vehicles with hood and side coves, the window glass may be made of acrylic or plastic transparent sheet.
Explanation - For the purposes of this rule,-
(i) safety glass or safety glazing means the materials confirming to IS 2553 (Part 2) (Revision 1): 2019;
(ii) windscreen and window glass of motor vehicle, the inner surface of which is at an angle more than thirty degrees to longitudinal axis of the vehicles, shall be deemed to face to the front.
(2) The safety glass or safety glazing of the windscreen and rear window of every motor vehicle shall be so manufactured to provide not less than seventy percent visual transmission of light and it shall conform to Indian Standard IS 2553 (Part 2) (Revision 1): 2019 as amended from time to time.
(3) The safety glass or safety glazing used for side windows of every motor vehicle shall be so manufactured to provide not less than fifty percent visual transmission of light and it shall conform to Indian Standards IS 2553 (Part 2) (Revision 1): 2019 as amended from time to time.
(3-A) The owner of every motor vehicle shall maintain the visual transmission of light through safety glass or safety glazing as specified in sub-rule (2) and sub-rule (3).
(3-B) The glass of the front wind screen of a combine harvester shall be made of laminated safety glass.
(3-C) In cases where any manufacturer has complied with the provisions of this rule as they exist till the 31st March, 2021, such manufacturer may continue to do so till the 31st March, 2022, and in that situation it shall be presumed as if the provisions of clause (b) of rule 2 of the Central Motor Vehicles (Seventh Amendment) Rules, 2020, come into force, on the 1st April, 2022:
Provided that the manufacturers who comply with the provisions of this rule as they exist on the 1st April, 2021, they shall continue to do so.
(4) Notwithstanding anything contained in this rule if the Central Government is of the opinion that it is necessary and expedient to do so in public interest, it may, by order published in the Official Gazette, exempt [any motor vehicle including construction equipme
