IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.P.R.RAMAN & THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 11317 of 2008(S) -------------------------- PETITIONER(S): --------------- VISWAJITH R., S/O. G.RADHAKRISHNAN, IRINGOLE P.O., PERUMBAVOOR, ERNAKULAM - 683 548. BY ADV. SRI.P.B.SAHASRANAMAN SRI.K.JAGADEESH SRI.T.S.HARIKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. TRANSPORT COMMISSIONER, OFFICE OF THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE PHOTOSTAT COPY OF THE CIRCULAR ISSUED BY THE DEPUTY COMMISSIONER (TRANSPORT DEPARTMENT) NEW DELHI DATED 17.2.2007 EXT.P2 TRUE PHOTOSTAT COPY OF THE NOTIFICATION ISSUED BY THE KARNATAKA GOVERNMENT DATED 28.3.2005 EXT.P3 TRUE PHOTOSTAT COPY OF THE NEWS REPORTS APPEARED IN RESPECT OF THE ACCIDENT. EXT.P4 TRUE PHOTOSTAT COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 18.3.2008 EXT.P5 TRUE PHOTOSTAT COPY OF THE NEWS PAPER REPORT APPEARED IN THE HINDU DAILY DATED 14.9.2009 RESPONDENTS' EXHIBITS: EXT.R2(a) THE REPRESENTATION SENT BY THE PETITIONER AND SUITABLE REPLY WAS FURNISHED TO THE PETITIONER VIDE LETTER NO. C1/5398/TC/2008 DATED 12.5.2008 BY TRANSPORT COMMISSIONER. TRUE COPY P.S. TO JUDGE. P.R. RAMAN, Ag. C.J. & C .N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. No. 11317 OF 2008 -------------------------------------------- Dated this the 1st day of March, 2010 JUDGMENT Raman, Ag. C. J. Writ Petition mainly raises the grievance that speed governors after installation are not checked subsequently. In answer to that the State Government has filed a counter affidavit wherein in paragraph 5 it is stated that speed governors available in the market and those fitted in the vehicles are approved by the Central Government agencies like ARAI, VR & DE, etc. They are supposed to be tamper proof. The operator cannot change the set speed without breaking the security seal. In order to detect such cases frequent checking is done with the help of handheld devices available with Motor Vehicles Department. Moreover annual fitness inspection ensures the good condition of speed governors. In view of the above statement and in the absence of any specific instance of any default of checking, we cannot give any direction as such. However, the Motor Vehicle Department and police 2 will ensure compliance of the above statement. W.P.C. is closed as above. (P.R. RAMAN) Ag. Chief Justice (C.N.RAMACHANDRAN NAIR) Judge. kk 3