E S SUKUMARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions are filed challenging GO(P) No. 5/2006/Tran. dt. 13-1-2006 issued by the Government of Kerala, in exercise of the powers conferred under Sub-rule (1) of Rule 118 of the Central Motor Vehicles Rules, 1989 (hereinafter referred to as "the Central Rules"), thereby notifying that all Tipper Lorries shall be fitted, by the operators of such vehicles, with a speed governor (speed controlling device) conforming to the standard AIS:018, as amended from time to time, in such a manner that the Speed Governor can be sealed with an official seal of the State Transport Authority or the Regional Transport Authority, in such a way that it cannot be removed or tampered with, without the seal being broken. For the purpose of the said notification, the Note contained therein states that Tipper Lorry" means any class of a Goods Vehicle (except three wheelers), of which the platform for carrying the goods can be raised or tilted hydraulically or through some other means for the purpose of unloading the goods. The said notification has come into force, at once, on its publication on 13-1-2006.

(2.) The Explanatory Note, which does not form part thereof, to the aforesaid notification, which is intended to indicate the general purport of the notification, states that Sub-rule (1) of Rule 118 of the Central Motor Vehicles Rules, 1989 empowers the State Government to notify in the Official Gazette such transport vehicles which shall be fitted with Speed Governors. It has come to the notice of the Government that accidents involving Tipper Lorries are on the increase in the State. It is learnt that this is due to over speeding of these vehicles for taking more trips. There have been demand from the public also for controlling the operation of "Tipper Lorries". Considering the need for improving safety on roads, Government have decided to insist fitment of Speed Governors on all Tipper Lorries. I refer to the said explanatory note, without forgetting its limitation as a tool to interpret the notification, having regard to the law on the point, relating to interpretation.

(3.) The contentions raised by the writ petitioners and urged at the time of arguments are as follows: