IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 4125 of 2009(S) -------------------------------------------- PETITIONER: ------------------- K.U.PAUL, S/O.LATE UTHUPPU, AGED 73 YEARS, RESIDING AT KOIKKARAKANDATHIL HOUSE NO.3/267A, PULIKKILLAM WEST ROAD, CHEMBUMUKKU SOUTH, P.O.KAKKANAD WEST, COCHIN 682 030. BY ADV. SRI.C.S.MANU SRI.ANOOP JOSEPH SRI.ABHILASH AKBAR SRI.T.B.SIVAPRASAD SRI.S.K.PREMRAJ RESPONDENTS: ----------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 033 2. THE PRINCIPAL SECRETARY, TRANSPORT DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 033. 3. THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, TRANSPORT BHAVAN, THIRUVANANTHAPURAM -695 023. 4. THE DISTRICT COLLECTOR, COLLECTORATE, KAKKANAD, ERNAKULAM-682 030. 5. THE COMMISSIONER OF POLICE, OFFICE OF THE COMMISSIONER OF POLICE, SHANMUGHAM ROAD, KOCHI-682 031. BY SR.GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.4125 OF 2009-S APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE PHOTOSTAT COPY OF THE REPRESENTATION DT.12.01.2009 SENT BY THE PETITIONER TO THE RESPONDENTS. / TRUE COPY / S.R.Bannurmath, C.J. & Kurian Joseph, J. ------------------------------------------ W.P.(C) No.4125 of 2009 ------------------------------------------ Dated, this the 3rd day of June, 2009 JUDGMENT Kurian Joseph, J. This public interest litigation is filed mainly with the following prayer: “issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to forthwith pass immediate orders prohibiting overtaking by stage carriages within the Ernakulam city limits and also to pass necessary orders as well as to take obligatory measures to see that such orders are strictly complied with.” 2. On behalf of the third respondent a counter affidavit has been filed. In paragraph 4 of the counter affidavit it is stated as follows: W.P.(C) No.4125 of 2009 - 2 - “There are various categories of stage carriage operating in the city limit like Express, Ordinary, Limited Stop, Super Fast, etc. If the request of the petitioner to prohibit overtaking by stage carriages within the city is enforced, then there will not be any difference between the long distance stage carriages and short distance line services. As a result passengers of long distance stage carriages will not get the benefit of such services. Besides, the destination of different stage carriages are different. Hence a total prohibition of overtaking of stage carriages may not be practical as the buses will have to wait till bus moving in front moves off even if it is proceeding to a different destination which will cause traffic congestion in the city. However rash and negligent driving has been checked by the respondents with the available infrastructure and personals. Government also have taken several measures like setting up Kerala Road Safety Authority exclusively for checking road accidents.” W.P.(C) No.4125 of 2009 - 3 - 3. In view of the statements in the counter affidavit, we dispose of the writ petition making it clear that in case the petitioner has any suggestion to make, he may do so before the second respondent in which case the second respondent will look into those suggestions and take appropriate action as permissible under law in order to avert accidents due to the indiscreet overtaking. S.R.Bannurmath, Chief Justice Kurian Joseph, Judge vns