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2024 Supreme(Online)(KER) 44539

HIGH COURT OF KERALA
MR. N. NAGARESH, J
M/s.GEORGE & SONS, 1ST FLOOR, SULTHAN CHAMBERS, PARAMARA ROAD, ERNAKULAM NORTH, KOCHI-682018, REPRESENTED BY MANAGING PARTNER-M.K. MUHAMMED – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
For the Appellants/Petitioners: M.K. MUHAMMED, D.KISHORE, LAKSHMI RAMADAS, MEERA GOPINATH, P.RAVINDRAN (SR.)
For the Respondents: SMT.MINI GOPINATH, CGC, SRI.K.S.PRENJITH KUMAR, SRI.K.M.FAIZAL, GOVERNMENT PLEADER, SRI.B.RAMACHANDRAN, SMT.M.SHAJNA

Table of Content
1. authorization of state to penalize vehicle owners. (Para 1 , 2 , 3)
2. specification for safety glazing regulation compliance. (Para 4 , 5 , 6)
3. refinement on usage of safety glass and amendment interpretations. (Para 14 , 15 , 16)
4. manufacturer obligations regarding compliance certifications. (Para 19 , 20 , 21)
5. legal right to use safety glazing without punitive measures. (Para 24 , 27 , 28)

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

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, A

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