1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2011 CORAM THE HONOURABLE MR.JUSTICE V.DHANAPALAN Writ Petition (MD).No.1182 of 2011 & M.P.(MD).Nos.1 & 2 of 2011 Vikaasa School Rep. by its Director Mr.Joseph Zachariah Ponanagaram Compound, Ponanagaram, Madurai 10. .. Petitioner Vs. 1.The Government of Tamil Nadu, Rep. by its Principal Secretary, Home (Transport-V) Department, Secretariat, Chennai 600 009. 2.The Transport Commissioner Chepauk, Chennai 600 005. 3.The Regional Transport Officer, Madurai (South) .. Respondents Prayer:- Writ petition is filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus calling for the records of the first respondent herein in G.O.Ms.No.563, Home (Transport V), Department, dated 10.06.2010 and quash the same and consequently forbearing the respondents herein from in any manner, insisting for fitment of Speed Governors pursuant to the impugned Government Order in G.O.Ms.No.563, Home (Transport-V) Department, dated 10.06.2010 in respect of Medium Passenger Vehicles or Heavy Passenger Vehicles owned by the Educational Institutions of petitioner. For Petitioner : Mr.T.Padmanabhan For Respondents: Mr.P.Thilakkumar Additional Government Pleader ORDER Mr.P.Thilakkumar, learned Additional Government Pleader takes notice for respondents. By consent of both sides, the writ petition itself is taken up for disposal. 2. It is claimed by the petitioner that there are 2200 students studying and 220 staff working in their school and out of total number of students, majority of them are coming from remote villages and since the transport facilities are not available, their school provides transport buses and vans for transporting the students from their place of residence to school. It is stated that the petitioner school is presently plying 3 buses and 29 vans. 3. The grievance of the petitioner herein is that the Government of Tamil Nadu issued G.O.Ms.No.563, Home (Transport-V) Department, dated 10.06.2010 with reference to compulsory fixation of speed governor in educational institutions' vehicles. Accordingly, under Sub-section (2) of https://hcservices.ecourts.gov.in/hcservices/ 2 112 of the Motor Vehicles Act, the authorities have fixed the maximum speed limit at 50 k.m. per hour and this will cause hardship to the students, teachers and non-teaching staff as the running time would substantially increase and the petitioner's school operate the buses and vans only for the sake of the student community coming from remote places. 4. This Court in a similar circumstances dispose of a writ petition in W.P.(MD).No.22121 of 2010, dated 08.11.2010 and passed the following order; "13. On a reading of the views expressed in the affidavit filed by the State in W.P.No.37128 of 2007 and going by the notification issued by the Central Government, I do not find any ground to sustain the objection of the respondents herein and the relevance to maintain speed at 50 kms per hour, has to go in tune with the notification issued by the Central Government under Section 112(1) of the Act, with reference to those class of vehicles only and with which, the petitioner's vehicle, admittedly, does not fall. 14. In the above circumstances, even assuming that the petitioner's vehicle falls under the definition of Contract Carriage Omni buses used under contract with educational institutions, going by the character of the vehicle as a medium passenger motor vehicle, the notification, as such, will not apply to have a speed governor fitted at 50 kms per hour. The notification issued by the State Government, which is impugned in this writ petition necessarily has to go along with the Central Government notification too for the purpose of implementation. 15. Consequently, instead of quashing the notification dated 10.06.2010, this Court holds that the State Government notification has to be read along with the notification issued by the Central Government under Section 112(1) of the Act, in which event, the question of fixing of speed governor at 50 kms per hour does not arise. The respondents are directed not to insist on fixing of speed governor as per the notification issued by the State Government. It goes without saying that the petitioner shall maintain the speed limit as prescribed under the Central Government notification dated 09.06.1989. If there is any violation on the part of the petitioner, it is always open to the respondents to take such action as the law permits." 5. In view of the same, this writ petition is disposed of with a direction to the respondents not to insist on fixing of speed governor as per the notification issued by the State Government. However, the petitioner shall adhere and maintain the speed limit as prescribed under the Central Government notification, dated 09.06.1989. If there is any violation on the part of the petitioner, it is always open to the respondents to take such action as the law permits. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Deputy Registrar(W) /TRUE COPY/ Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Principal Secretary, The Government of Tamil Nadu, Home (Transport-V) Department, Secretariat, Chennai 600 009. 2.The Transport Commissioner Chepauk, Chennai 600 005. 3.The Regional Transport Officer, Madurai (South) +1cc to The Special Govt.Pleader SR.No.9341 +1cc to Mr.N.S.Ramakrishna Dass, Advocate SR.No.9247 Order made in Writ Petition (MD).No.1182 of 2011 & M.P.(MD).Nos.1 & 2 of 2011 21.02.2011 jikr PA/03.03.2011/3P/6C https://hcservices.ecourts.gov.in/hcservices/