6 Nov 2021 4:51 PM GMT
The Kerala High Court recently made an attempt to reinforce the Rules and directions in place for road safety by directing the concerned officers to take necessary steps and ensure that no motor vehicle ply in any public place violating the statutory provisions.Justice Anil K. Narendran accordingly directed the Transport Commissioner, the Deputy Transport Commissioner and the...
The Kerala High Court recently made an attempt to reinforce the Rules and directions in place for road safety by directing the concerned officers to take necessary steps and ensure that no motor vehicle ply in any public place violating the statutory provisions.
Justice Anil K. Narendran accordingly directed the Transport Commissioner, the Deputy Transport Commissioner and the Regional Transport Officer to file individual affidavits explaining action taken in the matter.
The development comes in a plea seeking contempt action for wilful disobedience of the High Court's order in Anoop K.A. and another v. State of Kerala and others.
The petitioners had initially approached the Court seeking a directive to the concerned authorities of the Motor Vehicle Department to strictly implement the directions issued by the Supreme Court Committee on Road Safety.
They had also prayed that necessary action be taken against goods carriages carrying overload, as per the provisions under the Motor Vehicles Act, 1988 and the Central Motor Vehicles Rules, 1989.
After considering the plea, the Court had laid down numerous directions to be followed in the State, particularly to see to it that Road Safety Policy, the Motor Vehicles Act and the Motor Vehicles (Driving) Regulations, 2017 were implemented in the State forthwith.
In its judgment, the Court had laid special emphasis on overloading and projection of loads in vehicles in a manner which is likely to cause danger to other road users or nuisance to the public.
Following the inaction of the respondents, the petitioners preferred the instant contempt petition under Section 12 of the Contempt of Courts Act, 1971 and Article 215 of the Constitution for wilful disobedience of the directions contained in the judgment.
The Court thereby directed the respondents to file individual affidavits before it explaining the action, if any, taken in terms of the directions contained in the said judgment.
In the said affidavits, they were directed to furnish:
The matter will be taken up again on 17th November by which time the said affidavits are to be submitted before the Court.
Advocates P.K Sreevalsakrishnan and K.R Prathish appeared for the petitioners in the matter.
Case Title: Anoop K.A & Anr v. K.R Jyothylal & Ors
Click Here To Read/Download The Order