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2026 Supreme(Online)(Ker) 8048
IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
K.B KAREEM – Appellant
Versus
REGIONAL TRANSPORT OFFICER – Respondent
WP(C) NO. 31042 OF 2025
For the Appellants/Petitioners: SRI.BINU PAUL
For the Respondents: SHRI.M.SASINDRAN, SRI.PEEYUS A.KOTTAM, GP, SRI K JANARDHANA SHENOY
Local authorities must measure road widths and enforce vehicle weight regulations as per statutory provisions.
Headnote:Statute Analysis: The judgment addresses GO(P) No.59/2015/Trans concerning weight restrictions for goods vehicles on roads less than 6 meters. Facts: The petitioner seeks a writ of mandamus to enforce complaints regarding this regulation. Findings: The court acknowledges the responsibility of local authorities in measuring road width and implementing traffic signs.
Issues: The court determines the necessity of enforcing weight limits based on road specifications.
Ratio Decidendi: The court emphasizes the need for compliance with existing laws, highlighting that local self-government authorities must manage road safety.
Result: The 2nd respondent will do the needful in accordance with the law, as stated in the statement dated 19.09.2025.
| Table of Content |
|---|
| 1. petitioner seeks writ for enforcement. (Para 1) |
| 2. local authority must measure roads. (Para 2) |
| 3. enforcement of regulations by local authorities. (Para 3) |
JUDGMENT
This Writ Petition (C) is filed seeking the following reliefs:
" (i) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 to 3 to consider and pass appropriate orders on Exts.P2 to P4 complaints, in accordance with law, within a time frame as may be fixed by this Hon’ble Court.
(ii) issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 2 and 3 to enforce and implement the directions contained in Ext.P1 forthwith."
[SIC]
2. A statement is filed by the 2nd respondent. It will be better to extract the relevant portion of the statement:
" 5. It is submitted that GO(P) No.59/201S/Trans dated 29/09/2015 is meant to, prohibit the operation of goods vehicle having load capacity of more than 10 tons from roads having width less than 6 meters, and erection of traffic signs at suitable places to public notice. It is understood that the implementation of above said traffic signs are the duty and responsibility of the local self government authority.
6. In this case, the Kottappady Grama Panchayath is bound to measure the road in question under their jurisdiction to calculate its width, and set a limit on the weight of the toad carrying vehicles that can operate on it and also to erect sufficient boards restricting the traffic of heavy vehicles on their part.
9. Motor Vehicles Department can enforce the prohibition of Heavy duty vehicles unless otherwise necessary erection of Signboards by the local authorities.
10. As per GO(P) No.59/2015/Trans dated 29/09/2015 is meant for prohibiting the operation of goods vehicle having load capacity of more than 10 tons from roads having width less than 6 meters, and erection of traffic signs at suitable places to public notice. It is understood that the implementation of above said traffic signs are the duty and responsibility of the local self government authority."
3. The counsel appearing for the 2nd respondent, Panchayat, submitted that the width of the road is 6 metres. If that is the case, the 2nd respondent will do the needful in accordance with the Motor Vehicles Act 1988.
Therefore, this Writ Petition is disposed of with the following directions:
1. The 2nd respondent will do the needful in accordance with the law, as stated in the statement dated 19.09.2025.
Sd/-
