LAWS(MAD)-2011-6-575

ADHIPARASAKTHI COLLEGE OF ENGINEERING Vs. STATE OF TAMILNADU

Decided On June 28, 2011
ADHIPARASAKTHI COLLEGE OF ENGINEERING REP. BY ITS MANAGER, G.B. NAGAR Appellant
V/S
STATE OF TAMILNADU, REP. BY ITS PRINCIPAL SECRETARY, HOME (TRANSPORT -V) DEPARTMENT Respondents

JUDGEMENT

(1.) THIS writ petition has been filed to quash the Government Order, in G.O.(Ms) No.563, Home (Transport-V) Department, dated 10.6.2010.

(2.) THE petitioner had raised various grounds while challenging the government order, in G.O.(Ms) No.563, Home (Transport-V) Department, dated 10.6.2010, stating that the fixing of the maximum speed limit of 50 kms. per hour for the vehicles used by educational institutions, under Section 112(2) of the Motor Vehicles Act, 1988, is arbitrary and invalid in the eye of law.

(3.) SECTION 112(2) of the Act, enables the State Government to fix the maximum speed or minimum speed for motor vehicles or any specified class or description of motor vehicles, either generally or in a particular area or of a particular road or roads, if it is satisfied that it is necessary to restrict the speed of such vehicles in the interest of public safety, convenience or due to the condition of any road or bridge. Such restrictions can be imposed by way of a notification in the official Gazette and by causing, placing or erecting such signs at suitable places, under SECTION 116 of the Act.