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2022 Supreme(Online)(MAD) 40166

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2022 CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)No.27376 of 2022 R.Chandrasekar ... Petitioner vs.

1.The Secretary to Government, Home (Transport) Department, Secretariat, Chennai – 9.

2.The Road Transport Commissioner, Eziligam, Chepauk, Chennai.

3.The Regional Transport Authority / District Collector, Karur District, Karur.

4.The Regional Transport Officer, Karur, Karur District.

5.The Superintendent of Police, Karur District, Karur.

6.The Union of India, Represented by its Under Secretary, Ministry of Road Transport and Highways, 103, Transport Bhavan, No.1, Parliament Street, New Delhi-1. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to take action against the vehicle owners violating the Rules 50 and 51 of the Motor Vehicles Rules, 1989 based on the proceedings of the third respondent made in Na.Ka.No.E4/22847/2021-2, dated 30.05.2022.

For Petitioner : Mr.K.Govindaraj for Mr.B.Ponnupandi For RR 1 to 5 : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by R.MAHADEVAN, J.)

Mr.P.Thilakkumar, learned Government Pleader takes notice for the respondents

1 to 5.

2.The prayer made in this writ petition is for issuance of a Writ of Mandamus, directing the respondents to take action against the vehicle owners, who are violating Rules 50 and 51 of the Motor Vehicles Rules, 1989, based on the proceedings of the 3rd respondent in Na.Ka.No.E4/22847/2021-2, dated 30.05.2022.

3.The petitioner is a resident of S.Vellalapatti, Karur District. According to him, in most of the vehicles in Karur District, instead of registration numbers, the names and photos of the political persons are inscribed by way of adhesive stickers. In some other cases, the letters and numerals of the registration numbers are inscribed in small size, whereas the additions of photos and names are inscribed in bigger size. Such usage of the vehicles is contrary to Rules 50 and 51 of the Central Motor Vehicle Rules, 1989, which mandate the manner and size of the letters and numerals to be inscribed in the number plates of the vehicles so as to identify the same easily. However, The respondents who are duty bound to take action against the violators of the said rules, did not take any effort. Taking advantage of the same, the vehicles in Karur District, are driven in a rash and negligent manner and are also used for illegal purposes, without proper number plates by simply affixing the political persons' photos in that place. Pointing out the same, the petitioner submitted a representation dated 07.12.2021 to the respondents 3 and 4 requesting to take action against such violators. Upon receipt of the same, the 3rd respondent by proceedings in Na.Ka.No.E4/22847/2021, dated 14.12.2021, directed the respondents 4 and 5 to take appropriate action. Even then, there was no response, which compelled the petitioner to make another representation dated 10.05.2022 enclosing the photos of the vehicles, which are plying in public roads with wrong number plate designs. However, nothing progressed. Therefore, the petitioner is before this court with the present writ petition as a public interest litigation.

4.Further, it is the contention of the learned counsel for the petitioner that the Central Government has introduced the Motor Vehicles (High Security Registration Plates) Order, 2018, which requires the owners to follow high security registration plates alone, with Hologram. Similarly, Rule 50 (iii) of the Central Motor Vehicles Rules, 1989 prohibits stickers and adhesive labels on the number plates; and Rule 51 mandates the size of letters to be followed in the number plates. Contrary to the said rules, many vehicles in Karur District are plying without proper number plates, but affixing photos of the political persons. Though the petitioner made several representations in this regard, to the authorities concerned, no action has been taken against such violators, till date. It is also submitted by the learned counsel that even the terrorist can use the vehicle without proper number plate, but using the photos of the political personalities, in order to escape from the clutches of law. Hence, the learned counsel prayed for appropriate direction to the respondent authorities in this regard.

5.Refuting the allegations raised by the petitioner, the learned Government Pleader taking notice for the respondent authorities submitted that the respondents are periodically checking the vehicles plying in Karur District and levying fine, in case of any violation. However, the learned counsel fairly submitted that the claim of the petitioner would be considered and appropriate action would be taken, as per law.

6.This court considered the submissions made by the learned counsel on either side and also perused the documents enclosed in the typed set of papers.

7.The petitioner's grievance in this writ petition is that many vehicles in Karur District are not following the statutory rules of the Central Motor Vehicle Ru

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