IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 WP(C).No. 30041 of 2011(E) -------------------------- PETITIONER(S): --------------- CANON GRANITES (P) LTD. PERUMPILAVU PO, OTTAPILAVU, THRISSUR DISTRICT REPRESENTED BY ITS DIRECTOR SIMON K FRANCIS. BY ADV. SRI.JOBI JOSE KONDODY RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY HOME DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM 695 001. 2. THE SECRETARY MOTOR VEHICLES DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM 695 001. 3. THE DIRECTOR GENERAL OF POLICE OFFICE OF THE DIRECTOR GENERAL OF POLICE THIRUVANANTHAPURAM 695 001. 4. THE COMMISSIONER OF POLICE OFFICE OF THE COMMISSIONER OF POLICE THRISSUR 680 001. 5. THE DISTRICT COLLECTOR COLLECTORATE, AYYANTHOLE PO, THRISSUR DISTRICT 680 003. GOVERNMENT PLEADER SMT.SANJEETHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30041/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1 TRUE COPIES THE REGISTRATION CERTIFICATES OF THE TIPPER LORRIES LORRIES BELONGING TO THE PETITIONER COMPANY. EXT.P2 TRUE COPIES OF THE REGISTRATION CERTIFICATES OF THE TWO TAURUS VEHICLES BELONGING TO THE PETITIONER COMPANY. EXT.P3 A TRUE COPY OF THE ORDER VIDE NO.54/I.G.P TRAFFIC/09 DT.12.09/2009 ISSUED BY THE THIRD RESPONDENT TO THE FOURTH RESPONDENT. EXT.P4 A TRUE COPY OF THE INFORMATION FURNISHED TO MR.M.BASHEER BY THE INSPECTOR GENERAL OF POLICE, STATE CR.RECORDS BUREAU,THIRUVANANTHAPURAM DT.12.11.2009. EXT.P5 TRUE COPY OF THE DETAILS OF OF VEHICLES REGISTERED IN THE STATE OF KERALA FROM 31.03.1999 TO 30.09.2009 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER, STATE TRANSPORT AUTHORITY, THIRUVANANATHAPURAM TO MR.M.BASHEER DT.3.11.2009. EXTS. OF R4 EXT.R4(a): LETTER NO.K4/52796/2009(02), DATED 12.11.09 OF DISTRICT COLLECTOR, THRISSUR ADDRESSED TO SUPERINTENDENT OF POLICE, THRISSUR. EXT.R4(b): LETTER NO.D2(b)/62432/09-R DATED 9.12.2009 OF SUPERINTENDENT OF PLICE, THRISSUR ADDRESSED TO DISTRICT COLLECTOR,THRISSUR. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 30041 OF 2011 ===================== Dated this the 16th day of December, 2011 J U D G M E N T Petitioner is a company, which has established a metal crusher and quarry in Trichur District. According to the petitioner, it owns 30 tipper lorries and 2 taurus, which are heavy goods vehicles. 2. In this writ petition, their grievance is mainly regarding Ext.P3, a communication issued by the 3rd respondent to the 4th respondent in so far as it requires him to take steps to prohibit plying of tipper lorries during 8 a.m to 10 a.m and 3 p.m to 5 p.m. According to the petitioner, there is no power vested in the respondents to impose such a prohibition, and that, in any case, imposing prohibition on tipper lorries alone is discriminatory and unconstitutional. 3. Counter affidavit has been filed by the 4th respondent. In the counter affidavit, the background for the issuance of Ext.P3 has been explained thus: “3. It is submitted that, the facts stated in paragraph 1 is regarding the activities of the WPC No.30041/11 :2 : petitioner's Company and this respondent is not disputing on the above facts. Exhibit P3 is the proceedings of Director General of Police, Kerala, with regarding to the traffic safety measures which has to be implemented due to the large number of accidents happened by the Tipper lorries especially during the School time. It is instructed in Exhibit P3 that concerned Police Superintendent/Commissioners shall consult with the District Collector regarding the restrictions of plying Tipper Lorries during 8 a.m to 10 p.m in the morning and 3.p.m to 5 p.m during the evening times. Again it was instructed to seize the Tipper Lorries which are not having speed governors. There was also an instruction to take necessary action against the tipper lorries plying negligently and in excessive speed. Another instruction was to verify the employees of tipper lorries regarding the criminal antecedents. All the above steps are initiated for the interest of general public and to restrict the number of accidents causing due to the rash and negligent driving of tipper lorries especially in school times. Exhibit P3 order is a general instruction to consult the District Collector for implementing the above mentioned aspects. 4. It is submitted that, on the basis of the above communication, a Joint Special meeting was held between the then Superintendent of Police, WPC No.30041/11 :3 : Thrissur District and the then District Collector on 23.10.2009. The District Collector had instructed the Superintendent of Police to fix a time schedule for plying of tipper lorries in the District vide letter No.K4/52796/2009(02) issued by the District Collector dated 12.11.2009. True copy of the Lr.No.K4/5296/2009(2) dated 12.11.2009 is produced herewith and marked as ExhibitR4(a). Based on the above direction a time schedule has been prepared by the Superintendent of Police, Thrissur as “Tipper Lorry shall not run between 9 a.m to 10. a.m in the morning and from 3.30 p.m to 4.30 p.m in the evening time“ and the above decision was communicated to the District Collector vide letter No.D2(b)/62432/09-R dated 9.12.2009. True copy of the letter No.D2(b)/ 62432/09-R dated 9.12.2009 is produced herewith and marked as Exhibit R4(b). On the basis of the above proceedings the time schedule has been implemented in the District as per the instructions of District Executive Magistrate. In the above circumstances, the contentions raised in para 2 and 3 are not sustainable.” 4. Thus, it was on account of the number of accidents that are caused by the tipper lorries and for the safety of the general public, particularly the school children, that a prohibition was sought to be introduced during 9 a.m to 10 a.m and 3.30 p.m WPC No.30041/11 :4 : to 4.30 p.m. 5. As far as the availability of the power to the respondents for imposing a restriction in the nature of what is explained in the counter affidavit is concerned, in my view, such power is available to the Police under Section 4(i) of the Kerala Police Act, 2011, which interalia authorises police officers to control and regulate traffic at all public places where there is movement of people and goods. So long as such power is available and when relevant considerations have been duly taken into account before the issuance of the orders, this Court will not be justified in interfering with such orders. This is all the more so in a case where no case of any malafides against the respondents have been peladed or established. 6. As far as the plea of the petitioner that tipper lorries have been treated in a discriminatory manner is concerned, here again, in my view, that contention has no substance. It is well known that tipper lorries are a danger to the general public and accidents involving such lorries are on the increase. Any right, including fundamental right, is always subject to reasonable restrictions. In this case, as can be seen from the counter WPC No.30041/11 :5 : affidavit, despite recommendations of the Director General of Police to impose prohibition for four hours a day, restriction has been imposed only for two hours a day, which again are the peak hours, when students also go to schools and colleges and return home. Such a restriction is only a reasonable restriction and there cannot be an argument that it offends anybody's fundamental rights. Even otherwise, since the tipper lorries are a class by itself, they cannot claim equality with the ordinary lorries, and for that reason also, I do not find any merit in the plea of discrimination raised by the learned counsel for the petitioner. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp