K U PAUL Vs. STATE OF KERALA

JUDGEMENT

(1.) K. U. Paul, the petitioner herein, by way of Public interest Litigation seeks to declare that the strike conducted by the private stage carriage operators and truck owners in the State of Kerala from 30. 10. 2006 is illegal and unconstitutional. It is the case of the petitioner that private stage carriage operators and truck owners in Kerala have recently decided to keep the vehicles off the roads from Sunday, i. e. 29. 10. 2006, mid-night protesting the Governments directive making speed governors mandatory for heavy vehicles registered in the State following the mandates laid down by the Honourable Supreme Court. Even though the State cabinet decided to bring an ordinance to overcome the mandates laid down by the supreme Court, the joint action council of the private stage carriage operators and truck owners have decided to go ahead with their strike. The strike resorted to by the stage carriage operators has caused inconvenience to the general public, largely affecting their fundamental right of freedom of movement under Articles 19 (1) (d) and 21 of the Constitution of India. It is further the case of the petitioner that the Government is inactive and the statutory authorities are not proceeding against the offenders in accordance with the statutory mandates.

(2.) SRI. C. P. Sudhakara Prasad, learned Advocate General has handed over to us a communication from the Secretary to Government, transport Department, Government of Kerala, which is addressed to him. A copy of the same has been made available to us, which we hereby place on record.