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2021 Supreme(Online)(MAD) 33506

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD).No.15931 of 2020 V.Ramesh ... Petitioner Vs.

1. The Vice Chancellor Dr. Ambedkar Law University DGS, Dinakaran Salai Raja Annamalaipuram Chennai – 600 028.

2. The Principal Prist University Prist Uiversity Campus Arasanur Sivagangai District.

3. The Principal Government Law College Madurai – 20.

4. The Superintendent of Police Collectorate Sivagangai District.

5. The Commissioner of Police Madurai City Madurai.

6. The Superintendent of Police Madurai.

7. The Home Secretary Tamil Nadu Government Tamil Nadu Secretariat, Chennai. 8. The Director General of Police Tamil Nadu Police, Beach Road Chennai.

9. The Chairman Bar Council of India New Delhi.

10. The Chairman Tamil Nadu Bar Council High Council Campus Chennai.

11. The Chairman 11. The Chairman JAAC Committee No.6, Hosur Road Opposite to Police Commissioner Office Coimbatore – 18.

12. The Chairman, Mr. S.K.Vel Tamil Nadu Pondicherry Advocate Federation Office at Namakal Bar Advocate Association Tamil Nadu.

13. The President /Secretary Madras High Court Campus Advocate Association, MBA Chennai.

14. The President /Secretary Women Advocate Association Madras High Court Advocate Association Madras High Court Campus Chennai.

15. The President /Secretary Women Advocate Association Madras High Court Advocate Association Madras High Court Campus Chennai.

16. The President /Secretary Madurai Bar Association (MBA)

Madras High Court of Madurai Bench Madurai Bench Campus Madurai.

17. The President /Secretary Madura Bar Association (MBHAA)

Madras High Court of Madurai Bench Madurai Bench Campus Madurai.

18. The President /Secretary Madurai Bar Association (MBHAA)

Madras High Court of Madurai Bench Madurai Bench Campus Madurai.

19. The President /Secretary Women Advocate Association Madras High Court of Madurai Bench Madurai Bench Campus Madurai.

20. The President /Secretary Madras High Court of Madurai Bench Madurai Bar Association (MAHAA)

Madras High Court of Madurai Bench Madurai Bench Campus Madurai.

21. The President /Secretary Madurai District Court (MBA)

Madras High Court of Madurai Bench Madurai Bench Campus Madurai. ... Respondents [R7 to R21 are suo motu impleaded vide Court order dated 11.11.2020 made in W. P. (MD) No.15931 of 2020 by NKKJ and BPJ]

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.

For Petitioner : Mr.M.Sarangan For Respondents : Mr. Suresh Babu (For Bar Council of India)

Mr. K.K.Mahes Raja (For R2)

Mr. Durai Pandian Somasundaram and Mr. Mohanakrishnan (For R13)

O R D E R

(Order of the court was made by 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 is

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