NANSON BHAGYANATH Vs. STATE OF KERALA AND ORS

JUDGEMENT

(1.) This writ petition is filed seeking following reliefs:

(2.) The contention of petitioner is, on account of low quality helmets not maintaining standards the public who uses helmets are exposed to health problems and therefore there has to be a direction as sought in the writ petition.

(3.) In the counter affidavit filed on behalf of the first respondent by the Under Secretary to Government, Transport Department Secretariat, Thiruvananthapuram, apart from denying receipt of Ext.P3 representation, they have clearly indicated provisions of Section 129 of the Motor Vehicles Act,1988 where a mandate is provided for wearing headgear as a protective measure. Section 129 of the Act reads as under;