MOHANAN V.V Vs. STATE OF KERALA

JUDGEMENT

(1.) There was a meaningful message from Hyderabad City Police on Twitter long back, which is even now available on 'google search' of internet, which reads like this:- "DON'T WEAR HELMET BECAUSE OF POLICE. WEAR IT TO MEET YOUR FAMILY AGAIN". What a heart-breaking message!

(2.) The petitioners filed this writ petition with a strange prayer to get an exemption from wearing Helmets while riding two wheelers on medical grounds and their immediate provocation to file this writ petition is the installation of AI surveillance Cameras on the roads of Kerala. Petitioners are the permanent residents of Marady Grama Panchayath, close to Muvattupuzha Municipality. It is the submission of the petitioners that, they have to come to Muvattupuzha Town for their each and every need. There is no frequent public Transport service from the area of the petitioners to Muvattupuzha Town, is the submission. Hence the only source to reach the town is to depend on Auto rickshaw or two wheelers. It is submitted that the petitioners are having Two wheelers bearing Nos. KL-17/ L-6745 and KL-17/ R-883. They used to ride on it with proper license and other documents. It is submitted that, due to high headache, the 1st petitioner is under continuous treatment of Giridhar Eye Institute Pvt. Ltd Ernakulam for the last several years. He has undergone Electroretinogram (ERG), Optical Coherence Tomography (OCT) etc. It is also submitted that the petitioners are not able to cover their heads and put any weight upon the head with helmet like articles. It is also submitted that the 2nd petitioner too is suffering from heavy headache and after treatment in various reputed hospitals in Kerala, she was referred to Indo American Hospital, Brain and Spine Center, Chemmanakkary, Vaikom and she is undergoing treatment. She is also under the same condition like the 1st petitioner and she is not able to bear any weight upon her head and hence not able to wear a helmet, is the submission. It is submitted that, before introducing the AI Camera surveillance system, petitioners submitted Exts.P-4 and P-5 representations before the 2nd and 3rd respondents for exempting them from wearing helmets. The same was not considered, is the grievance. Hence this writ petition is filed for issuing direction to the 2nd and

(3.) rd respondents to pass orders exempting the petitioners from wearing helmets while travelling on two wheelers within the territorial jurisdiction of the 4th respondent to avoid fine being imposed due to the A.I Camera footage for not wearing the helmet. The prayers in this writ petition are extracted hereunder: